General Public School 

Laws of Alabama 

1908 




ISSUED BY 

HARRY C. GUNNELS 

SUPERINTENDENT OF EDUCATION 



The Brown Printing Co., Montgomery, Ala. 



UUJj-c*~-*>- -'■■ 



GENERAL 



PUBLIC SCHOOL LAWS 



OF 



ALABAMA 



54? 



1908 




ISSUED BY 



HARRY C. GUNNELS 

Superintendent ok Education. 



Montgomery, Alabama 

The Brown Printing Company, Printers and Binders 

1908. 



'IN- 
STATE DEPARTMENT OF EDUCATION 



HARRY C. GUNNELS, WILLIAM F. FEAGIN, 

Superintendent of Education. Chief Clerk, Sec-Treas. District 

Agricultural Schools. 

W. C. SWANSON and JAMES N. GUNNELS, 
Assistant Clerks. 

MISS MARGARET PIERCE and MISS SUSIE OFFUTT, 
Stenographers. 



STATE BOARD OF EXAMINERS 

HARRY C. GUNNELS, President. 

HENRY J. WILLINGHAM, Secretary. 

MISS SARAH CLARK 



STATE TEXT BOOK COMMISSION 

GOVERNOR B. B. COMER, Chairman. 

SUPT. HARRY C. GUNNELS, Secretary. 
First District— S. S. Murphy, Mobile. 
Second District — John P. Selnian, Troy. 
Third District — J. V. Brown, Dothan. 
Fourth District — D. M. Calloway, Selma. 
Fifth District— J. P. Neff, LaFayette. 
Sixth District — G. W. Brock, Livingston. 
Seventh District— H. T. Lile, Falkville. 
Ninth District— C. B. Glenn, Birmingham. 



COUNTY HIGH SCHOOL COMMISSION 

GOVERNOR B. B. COMER, Chairman. 
SUPT. HARRY C. GUNNELS, Secretary. 
AUDITOR WM. W. BRANDON. 






fft 



PUBLIC SCHOOL LAWS OF ALABAMA. 



CHAPTER 41, CODE 1907. 

Article 1. 

public school fund. 

1678. (3539) (943) Appropriations for public 
schools. — For the maintenance of a system of public 
schools of the State the following sums of money are 
hereby appropriated for every scholastic year, to-wit : : 

1. The annual interest at six per cent on all sums of 
money which have heretofore been or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or entrusted by the United States to the 
State, or to the several townships thereof, valueless six- 
teenth section fund, and school indemnity fund for 
school purposes. 

2. The annual interest at four per cent on that part 
of the surplus revenue of the United States deposited 
with the State under the act of Congress approved June 
23, 183G. 

3. All annual rents, incomes, and profits or interest 
arising from the proceeds of sales of all such lands as 
may hereafter be given by the United States, or by this 
State, or by individuals, for the support of the public 
schools of the State. 

4. All such sums as may accrue to the State as es- 
cheats the same to be applied to the support of the pub- 
lic schools during the scholastic year next ensuing the 
receipt in the State treasury. 

5. The net amount of poll tax that may be collected 
in the State ; poll tax collected in every county to be re- 
tained therein for the support of the public schools 



thereof and distributed and disbursed as provided in 
this chapter. 

6. Licenses which are by law required to be paid 
into the school fund of any county to be promptly paid 
by the judge of probate or other person collecting the 
same to the county superintendent of education and to 
be expended for the benefit of the public schools of each 
county. 

7. The further sum of three hundred and fifty thou- 
sand dollars annually for every scholastic year. 

Note. — In addition to the sources of school revenue 
above enumerated, there is annually levied, by Constitu- 
tional requirement, for the maintenance of public 
schools, a tax of thirty cents on each hundred dollars 
assessed valuation of taxable property. ) 

1679. (3540) (944) When appropriations accrue, 
placed to credit of educational fund. — All such appro- 
priations, except the poll tax, shall accrue to the educa- 
tional fund on the first day of October, in each year; 
and on that day the State auditor shall place to the 
credit of that fund, on the books in his office, all such 
amounts as accrue thereto from the sources in this arti- 
cle mentioned, except the poll tax, for the scholastic 
year beginning on that day. 



Article 2. 

officers and boards of public schools. 

1680. (3541) (945) Officers and hoards of admin- 
istration of public schools. — For the administration and 
government of public schools in this State, there are the 
following officers and boards of education 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 



5 

3. Three district trustees in each school district. 

4. One county board of education; constituted as 
hereinafter provided. 



Akticle 3. 
superintendent of education. 

1681. (3542 ) (946) Term of office; salary.— -"The 
Superintendent of Education" holds office for the term 
of four years from the time of his installation in office, 
and until his successor is elected and qualified, and shall 
receive a salary of three thousand dollars per annum, 
payable in monthly installments, on the last day of each 
month, r.nd shall not lie eligible as his own successoi*. 

1682. (3543) ( 947 > Oath of of ice and bond —Be- 
fore entering upon the duties of his office, he shall take 
oath of office prescribed by the constitution, and shall 
also give bond, with sureties to be approved by the gov- 
ernor, in the sum of fifteen thousand dollars, conditioned 
faithfully to discharge the duties of his office so long as 
he shall remain therein, or perform any of the duties 
thereof; and such bond shall be filed in the office of the 
secretary of state. 

1683. (3544) ( 1)48 I Of ice and boohs, papers and 
records. — He shall have an office at the capitol of the 
State, where the bonds, papers and records of his office 
shall be kept, and where he shall give attendance when 
not absent on official business ; and it shall be the priv- 
ilege of all persons interested to have access, at all 
proper hours, to the books, papers, and records of the 
office. 

1684. (3545) (940) Clerks and their salaries— He 
is authorized to employ a chief clerk, two bookkeepers, 
and a stenographer for service in his office; and such 



6 

clerks shall be allowed salaries as follows: The chief 
clerk, eighteen hundred dollars per year ; the two book- 
keepers, fifteen hundred dollars per year each; the ste- 
nographer, seven hundred and fifty dollars per year, to 
be paid as the salaries of other department clerks arc 
paid. 

1685. (3546) (950) Duties of the superintendent of 
education. — The duties of the superintendent of educa- 
tion shall be as follows : 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State ; and to 
this end he shall have power to require from the county 
superintendent of education, township and district trus- 
tees of public schools, and all other school officers, all 
such reports and information relating to the educational 
fund, or the condition of the schools and the manage- 
ment thereof, as he may deem important, or as may be 
prescribed by law; and he may remove from office any 
such officer, except the county superintendent, for fail- 
ure to make such report, give such information, or dis- 
charge any other official duty. 

2. He shall annually, as far as practicable, visit ev- 
ery county in the State, for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education, and other school 
officers, and for diffusing as widely as possible, by per- 
sonal address and personal communication, information 
as to the importance of public schools and the best 
method for their management; and he shall encourage 
and assist at organizing and conducting teachers' and 
superintendents' institutes. 

3. He shall make provisions for instructing all pu- 
pils in all schools and colleges supported, in whole or in 
part, by public money, or under State control, in hy- 



giene and physiology, with special reference to the ef- 
fects of alcoholic drinks, stimulants, and narcotics upon 
the human system. 

4. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part, by public moneys, or under State control, in the 
constitution of the United States and the constitution 
of the State of Alabama. 

5. He shall annually apportion the public school 
fund to the several counties, and the county board of 
education shall apportion the same to the school dis- 
tricts as required by section 256 of the constitution, and 
shall see to the proper disbursement of the same; and 
to this end he shall keep an accurate account with all 
officers who may be custodians or disbursers of the 
school fund, or any part thereof. 

(>. He shall prepare all forms and have printed and 
distributed all such blanks as may be necessary, or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping 
their accounts and records, to be and remain public 
property ; and he shall prescribe a uniform system of 
keeping such accounts and records. 

8. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

0. He shall keep a debtor and creditor account with 
each township, or other school district, in the State of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of school 
officers and others required to be filed therein. 



12. He shall cause suits to be instituted and prose- 
cuted against all defaulters to the educational funds 
and for this purpose may employ attorneys; but he shall 
not have power to contract to pay such attorneys out of. 
the educational fund more than ten per cent of the 
amount recovered by them in such suits; and of such 
fund he may pay such lawful costs as may be taxed 
against him as superintendents of education, in case he 
is cast in any such suits. 

13. He shall, by correspondence, exchange of official 
reports, and other proper means, elicit information rel- 
ative to the system of public education in other States 
and countries, and disseminate all useful knowledge re- 
garding the same among the county superintendents and 
other school officers in the State. 

14. He shall collect in his office such school books, 
apparatus, maps, charts and specimens of improved 
school furniture as can be obtained without expense to 
the State. 

15. He shall prepare and have printed in pamphlet 
form by the public printer, all laws, rules, and regula- 
tions pertaining to the public school system of the State, 
including therein the constitution of the United States 
and the constitution of the State of Alabama, and cause 
he same to be distributed among the county superinten- 
dents of education, and other officers connected with 
the school system, for the information of those interested 
in the educational interests of the State. 

16. He shall hold, or cause to be held, within each 
congressional district, one or more teachers' institutes, 
to be conducted by a teacher experienced in and familiar 
with the most improved methods of instruction, for a 
term of one week or more during the summer months of 
each year ; and for such purpose may, from time to time, 
certify to the State auditor the amount, not exceeding- 
twelve hundred dollars in any one year, necessary to 
defray the expenses of employing teachers to conduct 



9 

such institutes and instruct the teachers who attend 
them, and upon such certificate it shall be the duty of 
the State auditor to draw his warrant upon the Stale 
treasurer for such sum or sums in favor of the superin- 
tendent of education as may remain unapportioned in 
the treasury at the time. And such sums must be dis- 
bursed so as to secure the greatest good to the Largest 
number of teachers in the common schools, and it shall 
be the duty of the superintendent of education to take 
vouchers therefor to be kept on file in his office, and to 
make an itemized statement in his quadrennial report 
as to how and to whom said money has been disbursed. 
17. lie shall perform such other duties as are, or 
may be, prescribed by law. 

1686. (3517) (951) Report to governor; contents. — 
He shall also, annually, on or before the first day of De- 
cember, report to the governor in writing — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from 
the county superintendents of education, exhibiting the 
condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

1. An itemized statement showing how the contin- 
gent fund of his department and all other special funds 
or appropriations under his control have been disposed 
of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

6. All such other matters relating to his office and to 
the public schools as he shall deem expedient to com- 
municate. 

1687. (351S) (952) Report to be printed and dis- 
tributed. — The governor shall, when such report is laid 
before him, direct the superintendent of education to 



10 

have printed in the same manner and upon the same 
conditions as other printing is done, during the recess of 
the legislature, a sufficient number of copies of the re- 
port to supply the county superintendents and district 
trustees of public schools, and other school officers, and 
for the usual exchange with other States, and with the 
leading cities of the United States ; and it shall be the 
duty of the superintendent of education to distribute the 
same as indicated in this section. 

1688.. (3549) (953) Vacancy filled by governor; 
term, etc., of appointee. — If the office of superintendent 
of education should at any time become vacant, by 
death, resignation, or otherwise, the governor shall ap- 
point a suitable person to fill such office for the unex- 
pired term; and such appointee shall give boud and 
qualify in the same manner as if he had been elected for 
a full term. 



Article 4. 



TOWNSHIPS ABOLISHED. 



1689. Townships abolished; public schools re-dis- 
tricted. — Township lines for school purposes are abol- 
ished ; provided the inhabitants of no township shall be 
deprived of the sixteenth section or any fund arising 
therefrom, or of selling and leasing such lands as pro- 
vided by law. 



Article 5. 

townships and school districts incorporated. 

1690. (3624) (1024) (963) (576) (502) Incorpora- 
tion of townships. — The inhabitants of each township in 
the State are incorporated by the name of "Township 
, of range ," according to the number 



11 



of the surveys of the United States, and the inhabitants 
of each school district are incorporated by the name and 
number by which it is known or designated. 



Artiiclb 6. 

SCHOOL DISTRICTS AND RE-DISTRICTING BOARDS; HOW 
CREATED. 

1691. District lines and boundaries; how changed. 

. The lines and boundaries of any public school district 

heretofore established by general law or any special law- 
may be changed, or a new public school district may be 
created, by the vote of a majority of the county board of 
education, upon application to said board, and after no- 
tice of said application and of the time and place of 
hearing the same has been given by publication for three 
successive weeks in some newspaper published in said 
county, if a newspaper be published therein, and by 
posting written notices in at least three public places in 
the territory to be affected by said change. Said publi- 
cation and notice shall be made and given by the county 
superintendent of education, and the person or persons 
making the application for such change shall deposit 
with him a sum of money sufficient to pay the expenses 
of said publication and notices, such sum of money to be 
expended by him for that purpose. And whenever the 
boundaries of any public school district are changed by 
the county board of education or a new public school dis- 
trict shall be created by said board under this section, 
the county superintendent of education, within ten days 
after such change, or the creation of such district, shall 
file in the office of the judge of probate of his county, an 
accurate description of such change, or of the district so 
created, and the judge of probate shall record the same 
in the book to be kept by him. The change of the lines 
or boundaries of any public school district or the crea- 
tion of a new district under this section may also be 



12 

made by adding to or taking from any district composed 
of an incorporated city or town such contiguous terri- 
tory as .such board may deem best. 

1692. Counties and districts not included within ar- 
ticle. — The provisions of this article shall not apply to 
any county heretofore districted by authority of a spe- 
cial law, and which has a special levy from the couniy 
for the support of the public schools therein. 

1693. Incorporated cities and towns separate school 
districts. — Each incorporated city or town in the State 
is a separate school district. 

1694. School districts not affected by county lines. 
— Any school district which, by the creation of new 
counties or the change of county lines, shall lie in two 
or more counties, shall in no wise be repealed by the 
creation of said new counties or the change of county 
lines. 

1695. Funds; how paid. — The superintendent of edu- 
cation of the counties in which said school districts shall 
lie, shall pay over to the treasurer of said school boards 
in said school districts all the funds or money coming 
into their hands due said school districts. 

1696. Repeal. — All laws as to school districts which, 
by the creation of new counties or the change of county 
lines, lie in two or more counties, which are in conflict 
with tho provisions of this article, are repealed. 



Article 7. 

district trustees ; election, powers and duties. 

1697. (3560) (966) District trustees; election of; 
term of office. — On the first Saturday in July, 1908, 



13 

and each fourth year thereafter, at an hour to be fixed 
and appointed by the county superintendent of educa- 
tion of each county, and to be uniform throughout the 
county, after notice has been given thereof by the county 
superintendent of education by publication in a news- 
paper published in said county for three successive 
weeks (the expenses to be paid out of the county treas- 
ury), and if there be no newspaper published in the 
county, then by written notices sent to each of the chair- 
men of the boards of district trustees in such county, the 
qualified electors of each public school district shall 
meet at the district school house and elect from among 
the freeholders and householders who can read and write 
residing in such districts, a local board of three district 
trustees whose duly shall be as hereinafter provided. 
The chairman, or, in his absence, a member of the board 
of district trustees shall preside over such meeting and 
shall certify to the county superintendent of education 
the result of the election held thereat, which certificate 
must show the names of the district trustees elected at 
said meeting for the district, and said certificate must 
be filed with the county superintendent of education 
within five days after such meeting and election ; pro- 
vided, however, that in the event the chairman or other 
member of such board of district trustees should not be 
present at the time fixed for said meeting, or, being 
present, should willfully fail or refuse to call said meet- 
ing to order or to preside over the same, then the quali- 
fied electors of such district assembled may choose from 
among their number a person to preside over such meet- 
ing, and such person shall be fully authorized to so pre- 
side and to make the certificate of election of district 
trustees had at such meeting and to file the same as 
herein provided. Any qualified voter of such district 
may, within ten days after the holding of such election, 
contest the election of any person or persons shown to 
be elected by said certificate, by filing a contest is writ- 



14 

ing with the county superintendent of education and 
addressed to the county board of education, stating 
therein the ground for such contest, and it shall be the 
duty of the county board of education, upon notice to 
them by the county superintendent of education of the 
filing of such contest, to meet and hear and determine 
such contests within twenty days from the holding of the 
election. The county superintendent of education, upon 
the filing of all such contests, shall immediately notify 
in writing such person whose election is contested, of 
the filing of the same and of the date and place where 
such contest shall be heard. Such district trustees shall 
hold office for the term of four years from the time of 
their election and until their successors are elected and 
qualified. 

1698. District trustees; organization of. — The trus- 
tees provided for in the preceding section shall within 
ten days after their election or appointment meet at 
the public school district schoolhouse, or some place 
more convenient to all concerned, and shall organize by 
electing one of their number chairman and another sec- 
retary. 

1699. (3562) (968) Duties of district trustees.— The 
district trustees shall — 

1. Make enumeration of children within school age 
as provided by law. 

2. Care for all school property. 

3. Nominate teachers for their school districts, such 
nomination to be subject to the approval of the county 
board of education, the contract to teach to be made 
with said county board of education. 

4. Visit the schools within their respective districts, 
observe the management of the same, and make quarter- 
ly reports of the condition of such schools to the county 
superintendent of education. 



15 

5. Perform such other duties as may be required by 
the county board of education, hereinafter provided for. 
If said district trustees shall fail or refuse for a period 
of thirty days after required in writing by the county 
board of education to nominate and submit for approval 
a teacher or teachers for their district, or for such period 
after so required in writing, shall fail or refuse to per- 
form any of the duties required of them under this sec- 
tion, the county board of education shall be authorized 
to perform any such duties, including the nomination 
and employment of teachers in lieu of said district trus- 
tees, wherein they have failed to perform them. 

1700. Graded schools increase number of trustees. — 
Whenever there has been established in any school dis- 
trict a system of graded schools free to the children of 
school age, within such district for a period of not less 
than eight months in each year, the electors of such dis- 
trict may increase the number of the district trustees to 
five, and assume entire control of the public schools 
therein; provided, the trustees of such districts shall 
make all reports required by law to the county board of 
education. 

1701. Municipal school district; board of education 
and trustees for. — In all municipalities where there is 
a board of education, the board shall have full charge 
and control of such separate school district, and shall 
have and exercise all the powers and authority con- 
ferred by law upon township trustees. In municipalities 
where there is no such board of education, the powers 
and duties of trustees shall devolve upon and be per- 
formed by the mayor and board of aldermen, or other 
governing body, of said municipality, and all funds due 
such separate school districts shall be paid to the board 
of education of such separate school district, or to the 
mayor, board of aldermen, or other governing body of 
such municipality, where there is no such board of edu- 



16 

cation, by the county superintendent of education, as 
required by law. 



Article 8. 
county superintendent op education. 

1702. (3550) (954) One elected for each county. — 
A county superintendent of education for every county 
shall be elected on the first Tuesday after the first Mon- 
day in November, 1908, and every fourth year thereafter, 
and all local, or special laws, in conflict herewith are 
expressly repealed. 

1703. (3551) (955) Term of office; removal .—The 
term of office of county superintendents shall commence 
on the first day of October next after their election, and 
shall hold office for four years and until their succes- 
sors shall qualify, and shall not be required to file their 
official bonds until fifteen days before the beginning of 
the term of office, and the terms of all county superin- 
tendents now in office are hereby extended to the first 
day of October, 1909. 

1704. (3552) (956) Oath of office and bond.— Every 
county superintendent of education, before entering 
upon the duties of his office, must take the oath of office 
prescribed by the constitution, and give bond in an 
amount to be fixed by the superintendent of education, 
but in no case to be less than double the iprobable 
amount of money that may be in his hands at any time, 
with good and sufficient sureties, and payable and con- 
ditioned as official bonds of other public officers. 

1705. (3553) (957) Approval and record of bond.— 
Such bond must be approved by, and, with the oath of 



See Section 1527 of the Code relative new bond when term is ex- 
tended. 



IT 

• 
office, must be filed and recorded in the office of the 

judge of probate of the county; and a certified copy of 
the bond must also be filed in the office of the superin- 
tendent of education for his approval. 

1706. (3554) (958) New or additional bond; effect 
of notice to give. — The superintendent of education 
shall require of any county superintendent of education 
a new or additional bond in the same, or a different 
amount, as that of the original bond, whenever he shall 
find it necessary for the protection of the educational 
fund of the county; and no county superintendent of ed- 
ucation, after receiving notice to give such new or ad- 
ditional bond, shall continue in the discharge of the du- 
ties of his office until such new or additional bond is 
given. 

1707. (3556) (960) His duties.— The duties of the 
county superintendent of education shall be as follows : 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month, from the beginning of the scholastic year until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schools. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment, or otherwise, to be used in aid of, or 
in connection with, money apportioned to his county 
from the educational fund, and shall faithfully keep the 
same, separate and apart from any other funds or prop- 
erty whatsoever; and after the county board of educa- 
tion shall have apportioned the public funds of the 
county, as in this code provided, he shall, by and with 

2 ST. 



18 

the consent of the county board of education, distribute 
and pay out all money raised in accordance with this 
subdivision; but all money, raised by local taxation in 
any school district or incorporated city or town, shall 
be expended for the benefit of the district, city or town 
in which the money is raised, and by such persons, and 
in such manner, as are authorized by the laws in force 
for the control and government of public schools in 
such district, city or town. 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth-section 
fund, and sixteenth section lands unsold in his county; 
and he is authorized and required in the name of the 
State for the use of the township, to bring all necessary 
suits for the recovery of the possession of such lands, or 
against trespassers thereon. 

4. He shall, as soon as he receives the annual appor- 
tionment of the educational fund to his county and tho 
same has been apportioned among the districts by the 
county board of education, notify the district trustees 
of each district of the amount apportioned to each sep- 
arate school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educa- 
tional fund of his county, showing by whom or to whom 
paid, and for what purpose, and also the amount of the 
educational fund apportioned to and distributed in each 
district for each race; and such books shall be open to 
the inspection of all persons interested. 

■ 6. He shall, on or before the fifteenth day of October 
of each year, forward to the superintendent of educa- 
tion, on blanks to be furnished him by the latter, an 
annual report of the public schools of his county for 
the preceding year, which shall set forth* (1) the amount 
of school money received by him from all sources to the 
end of the year, specifying how much was received from 



11) 

each source; (2) how much has been disbursed by him 
during such year, for what purpose, and the names of 
teachers to whom money has been paid, the time they 
taught, and the total amount paid to each teacher; (3) 
the amount of funds then in hand for each township or 
school district in his county; and (4) the manner in 
which, and the extent to which, he has discharged the 
duties required by law to be performed by him. 

7. He must, monthly, on the first Saturday in each 
month of each year, or as soon thereafter as practicable, 
pay the teachers of the public schools, upon the certifi- 
cate of the trustees of the district in which the school 
was taught; and in counties in which separate districts 
have been established by special laws, he shall pay over 
to the officers authoried to receive the same their pro- 
portionate shares of the school revenues at the times 
above designated. 

1708. (3557) (963) Forfeiture for failure to make 
annual reports. — If any county superintendent shall 
willfully fail to make out and forward to the superin- 
tendent of education any annual report required by this 
article, within ten clays after the time it should be made, 
he shall be liable to a forfeiture of his commission, to 
be declared by the superintendent of education and to 
removal from office. 

1709. (558) (962) Boohs and accounts liable to ex- 
amination. — The books, accounts and vouchers of the 
county superintendent of education may be examined at 
any time by the superintendent of education in person 
or by duly authorized agent. 

1710. (3559) (965) Vacancies, how filled; term, etc., 
of appointees. — The superintendent of education shall 
fill all vacancies in the office of county superintendent 
of education, by appointment; and such appointee shall 
hold during the unexpired term, and until his successor 



20 

qualifies, and shall give bond and qualify as is required 
by law. 

1711. (3555) (959) Compensation of county super- 
intendents of education. — For their compensation, they 
shall receive four per cent on all State public moneys 
legally disbursed by them, not to exceed the sum of 
eighteen hundred dollars for any calendar year. For all 
moneys received and disbursed by them, the county su- 
perintendents shall account to the superintendent of ed- 
ucation, as now provided by law. 



Article 9. 

county boards op education; election, powers, and 

duties of. 

1712. County boards of trustees. — The chairmen of 
the several boards of district trustees shall meet at the 
court house of their respective counties, the second Sat- 
urday in August after their election, and shall plect four 
county school trustees, who shall hold office for the 
term of four years from the date of their election and 
until their successors are elected and qualified. Before 
entering upon the duties of office, they shall take the 
oath of office prescribed by the constitution of the State. 

1713. (3583) (989) County board of education.— 
The county superintendent of education and said four 
county trustees shall constitute the county board of edu- 
cation within their respective counties. The county su- 
perintendent of education shall be the chief executive 
offcer of said county board of education and shall see 
that all rules, regulations and orders of said county 
board are enforced; provided, that no district trustee 
shall, during his term of office, be eligible to election as 



'21 

a county trustee, nor shall more than one teacher act- 
ively engaged in teaching in the public schools in this 
State be a member of said county board of education at 
one and the same time. The court of county commis- 
sioners, or board of revenue, of each county, shall pro- 
vide, at the expense of the county, all necessary blank 
books, stationery, and postage for the use of the county 
boards of education of the county. 

1714. (3583)) (989) Vacancies in boards of educa- 
tion; how filled. — Any vacancy on the county board of 
education shall be filled by the superintendent of educa- 
tion of the State by and with the approval and consent 
of the governor, for the unexpired term, and any vacancy 
on a board of trustees shall be filled for the unexpired 
term by the county board of education. 

1715. Powers and duties of county boards of trus- 
tees. — The county board of education shall have entire 
control of the public schools within their respective 
counties, unless otherwise provided by law. They shall 
make rules and regulations for the government of the 
schools, see that the teachers perform their duties and 
exercise such powers, consistent with the law, as in their 
judgment will 'best subserve the cause of education. The 
board shall have the right to acquire, purchase,* lease, 
receive, hold, transmit, and convey the title to real and 
personal property for school purposes, except where 
otherwise provided. Said board of education shall, by 
and in the name of the county board of education, sue 
and contract; all contracts to be made after resolution 
adopted by said board, and spread on its minutes and 
signed by the president and all process shall be execu- 
ted on the secretary of said board. 

1716. Pay or compensation of county board of educa- 
tion. — Each of the four members of the county board of 
education shall receive from the public school funds of 



the county, to be disbursed by the county superintendent 
of education, two dollars a day for each day's work de- 
voted by him to the public schools; provided, he shall 
not receive pay for more than ten days in any one year| 
The county superintendent of education shall apportion 
among the several school districts the amount of com- 
pensation to be paid to the members of the county board 
of education, and account for the same in like manner as 
provided for the compensation paid to teachers in such 
districts. 



Article 10. 

enumeration or census of school children. 

1717. Census or enumeration of school children. — 
The district trustees of each public school district in 
this State, whether existing under general law or created 
by special or local law, and the boards of education or 
school trustees, or other governing board or body, of any 
public school district, lying in any incorporated town or 
city in this State, shall cause to be made during the 
month of July, 1908, and every even-numbered year 
thereafter, an enumeration of all the children within 
school age residing in each of said several school dis- 
tricts, and to that end said trustees, or boards of educa- 
tion, or other governing board or body, shall select and 
appoint a proper and competent person to make such 
enumeration, on blanks to be prepared and provided by 
the superintendent of education of the State, and such 
person shall make a report of such enumeration under 
oath to the county superintendent of education of his 
county by the 15th day of August next succeeding the 
time of the taking of said census. The county superin- 
tendent shall then make a written verified report by dis- 
tricts to the superintendent of education of the State. 



23 

1718. Compensation of enumerators. — The court of 
county commissioners, or board of revenue, or other 
court of like jurisdiction for each county, shall fix the 
compensation of each of said persons taking such school 
census in each district, no part of which is situated in 
any incorporated town or city, and shall order the same 
paid to such persons out of the general funds in the 
county treasury of the county wherein such enumera- 
tions arc made, and the mayor and city council, or other 
governing body, of any municipality wherein a public 
school district is situated, in whole or in part, shall fix 
the compensation of the person who shall take the school 
census in such district, and shall order the same paid 
out of the treasury of such town or city. 



Article 11. 

teachers; qualifications, license, powers, and 
duties of. 

1719. Board of examiners. — There shall be consti- 
tuted a State board of examiners, to be composed of the 
superintendent of education, who shall be the president 
of the board, and two other persons, to be appointed by 
him, who shall be teachers of extensive experience and 
recognized ability. The term of office of the said board 
shall be co-equal with that of the superintendent of edu- 
cation . 

1720. Meetings of examiners. — The said State board 
of examiners shall meet during the months of November 
and May of each year, and shall prepare questions for 
the examination of teachers. 

See Section 7750, page 39 of this pamphlet. 



24 

1721. List of questions prepared. — The president of 
the State board of examiners shall cause lists of ques- 
tions so prepared to be printed, and shall, on or before 
the fifteenth day of December and June of each year, 
send to each person appointed to conduct examinations 
in the counties of the State a sufficient number of the 
lists ; the questions so sent shall be inclosed in a sealed 
envelope, on the back of which shall be plainly written 
or printed the words, "Questions for the examination of 
teachers." The seal of said envelope shall not be broken 
except as hereinafter provided. 

1722. Times for examination, of teachers. — The first 
Mondays in January and July are appointed for the ex- 
amination of teachers. The examination may be con- 
tinued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion 
of the work of examination, but no examination shall be 
begun on any other day than the first day mentioned 
in this section. No examination shall be held at any 
other time, except as otherwise provided. 

1723. Special examinations. — The State board of ex- 
aminers may hold, at the department of education in 
Montgomery, special examinations for the benefit of 
persons who are prevented from taking the regular ex- 
amination by sickness, absence from the State, or other 
unavoidable cause. Each person taking a special exam- 
ination shall pay to the State board of examiners a fee 
of five dollars. Special examinations shall be equal in 
all respects to the regular examinations. The superin- 
tendent of education may also, at his discretion, allow 
examinations in May and October at any Alabama nor- 
mal school which requests it for applicants to teach in 
the public schools ; the expense of the examination to be 
borne by the applicants. 

See Criminal Provisions, pages 38-40 of this pamphlet. 



25 

1724. Examinations in counties; by whom and how 
con ducted. — The regular examination shall be con- 
ducted in each comity by the county superintendent of 
education, unless for good and substantial reasons the 
State board of examiners shall deem it best to select for 
this service another person appointed for that purpose 
by the State board of examiners, and if he shall be un- 
able, by reason of sickness or'other unavoidable necessity 
to conduct the same, then by some other competent per- 
son appointed for that purpose by him. Sail examina- 
tion shall begin at 10 o'clock a. m. of the day appointed, 
at which hour the person appointed to conduct the ex- 
amination shall, in the presence of the applicants for ex- 
amination, break the seal of the envelope containing the 
lists of questions, and shall distribute the questions 
among the applicants. All applicants shall undergo the 
examination in the same room, or in sight of the person 
appointed to conduct such examination. 

1725. Examination fees. — Each applicant for exam- 
ination shall, before entering upon the examination, de- 
posit with the person appointed to conduct the exami- 
nation an examination fee as follows: An applicant for 
a third-grade certificate, a fee of one dollar; an appli- 
cant for a second-grade certificate, a fee of one and one- 
half dollars; an applicant for a first-grade certificate, a 
fee of two dollars; an applicant for a life certificate, a 
fee of three dollars: The fees received from the exami- 
nation of teachers at regular examinations shall be paid 
into the State treasury to the credit of the educational 
fund, and the State auditor shall, on the requsition of 
the superintendent of education, issue warrants on the 
State treasurer, to be paid out of the educational fund, 
for the purpose of carrying out the provisions of this 
article, such as the payment of expenses for postage, for 
expressage, for clerk hire, for State board of examiners 



26 

only, for the per diem of the State board of examiners, 
for paying county conductors, and for other incidental 
expenses incurred in carrying out the provisions of this 
article. 

1726. Compensation of State board of examiners. — 
The appointed members of the State board shall receive 
five dollars per day, including Sundays, for the time they 
are engaged in conducting the examination of teachers 
under this article. 

1727. Compensation of examiners. — The county su- 
perintendent or person appointed to conduct the exam- 
ination in each county shall receive ten dollars for his 
services in conducting each examination. 

1728. Teachers shall not receive assistance on exam- 
ination. — Teachers on examination shall not be permit- 
ted to sit near enough to one another to read the other's 
papers, and no teacher on examination shall receive any 
assistance from any person, or by reference to any book, 
map, or chart, or from any other source, and no person 
shall be licensed to teach who shall endeavor to procure 
any such assistance. 

1729. Statement signed by teachers. — Each teacher 
so examined shall, upon the completion of his examina- 
tion, sign a statement that he or she has not received any 
assistance in said examination from any source; which 
statement shall be kept on file by the county superinten- 
dent of education. 

1730. Applicant must be of good moral character. — 
Unless the applicant is known to the person appointed 
to conduct the examination to be of good moral charac- 
ter, or shall make satisfactory proof of the same, in 
writing, he or she shall not be admitted to the examina- 
tion. 



1731. Habitual use of profane language or intoxi- 
cants. — Any one who habitually uses profane language 
or intoxicants shall be deemed of immoral character. 

1732. (3576) (083) Grades of certificate*.— There 
shall lie three grades of teachers' certificates, besides the 
life certificate, hereinafter provided, to be known as cer- 
tificates of the first, second and third grades, each of 
which must show the branches in which the holder has 
been examined, and his general average. 

1733. (3576)) (983) Percentage and certificate re- 
quired. — In no case shall an applicant for a certificate 
receive the same who fails to answer fifty per cent of the 
questions propounded in any branch, and whose general 
average is below seventy-five per cent. Every teacher 
in the public schools must obtain a certificate prior to 
his employment. 

1734. (3577) (984) Branches of learning exam- 
ined upon. — Applicants for third-grade certificates shall 
be examined in the following branches: Orthography, 
reading, penmanship, grammar, practical arithmetic 
through fractions, primary geography, and the element- 
ary principles of physiology an<J hygiene and agricul- 
ture; for second-grade certificates, they shall be exam- 
ined in all the foregoing branches, and also in practical 
arithmetic, history of Alabama, history of the United 
States, English grammar and composition, and inter- 
mediate geography ; for first grade certificates, they shall 
be examined in all the following branches, and also in 
algebra, natural philosophy, geometry, the school laws 
of Alabama, and the theory and practice of teaching. 

1735. Examination shall be written; kind of paper 
and: ink to be used. — In all examinations under this arti- 
cle, the answers shall be written on legal cap paper, with 
pen and ink. The subject or branch shall be plainly 



28 

written at the top of the page, and the answers shall be 
numbered to correspond with the questions. 

1736. Examination papers delivered to examiner; 
transmission to board. — When an applicant shall have 
completed his examination, he shall write his name and 
address on each paper of the same, and deliver the same 
to the person appointed to conduct the examination, who 
shall inclose the papers of each applicant in a separate 
envelope, together with his certificate of the good moral 
character of the applicant, or the written proof of the 
same, on which he admitted the applicant to examina- 
tion, and shall transmit the same to the secretary of the 
State board of examiners without delay. 

1737. Board examines and grades papers. — The State 
board of examiners shall examine the papers coming to 
it under the provisions of the preceding section, as ex- 
peditiously as possible, and shall mark upon each paper 
the teacher's grade in that branch, according to the cor 
rectness or approximate correctness of the answers. 

1738. Certificates issued. — If, upon such examina- 
tion, it appears that the applicant is entitled to receive 
a certificate, the secretary of the board shall prepare a 
certificate in conformity with this article. The certifi- 
cate shall be signed by the secretary of the State board 
of examiners and the superintendent of education, and 
shall be transmitted to the teacher entitled to the same. 

1739. Examination papers kept on file six months 
— All examination papers shall be kept on file in the 
office of the superintendent of education subject to pub- 
lic inspection for six months. 

1740. (3579) (985) Lifetime of certificates.— Cer- 
tificates granted under the provisions of this article 
shall entitle their holder to teach in the public schools 



29 

of any county in this State for the following periods of 
time : A third-grade certificate, two years ; a second- 
grade certificate, four years; and a first-grade certificate, 
six years from the date of issuance of the same. 

1741. Life certificates. — Whenever any teacher ap- 
plying for a certificate shall make proof that he has been 
engaged for six years in teaching 'under first-grade cer-. 
tificate, which proof the county superintendent of edu- 
cation shall transmit to the State board of examiners, 
and shall show a high degree of proficiency and profes- 
sional attainment, .such teacher may be granted a life 
certificate, signed as prescribed for other certificates. 

1742i Forfeiture 'of life certificate. — Any teacher 
holding a life certificate shall forfeit the same by leaving 
off the business of teaching for five consecutive years. 

1743. Revoking certificates. — The superintendent of 
education shall revoke the certificate of any teacher who 
shall be guilty of immoral conduct or unbecoming or 
indecent behavior. 

1744. Register of licensed teachers. — The secretary 
of the State board of examiners shall keep a register of 
all teachers examined and licensed under this article, 
showing the name and postoffice address of each teacher 
and the date and grade of his certificate, and shall keep 
the same on file in the office of the superintendent of 
education, and shall devote his time, when not engaged 
in the work of examining teachers, to clerical work in 
the department of education. 

1745. Separate districts. — The provisions of this ar- 
ticle shall not be so construed as to prohibit separate 
school districts of two thousand inhabitants or more, 
having authority at present by their charter to examine 



30 

teachers, to further examine teachers who have certifi- 
cates granted under this article. 

1746. (3578) Instruction as to the nature of alco- 
holic drinks and narcotics. — Every teacher shall give in- 
struction as to the nature of alcoholic drinks, tobacco, 
and other narcotics, and their effects upon the human 
system, and such subject shall be taught as regularly as 
any other in the public schools. 

1747. [Teaching agriculture in public schools. — In 
addition to the branches now taught in the public 
schools, instruction shall be given in the elementary 
principles of agriculture, and said subject shall be 
taught as regularly as other branches are taught in said 
schools, by the use of a text-book in the hands of the pu- 
pils, and such instruction shall be given in all the public 
schools of the State. 

1748. (3580) (986) Register kept by teacher and 
submitted. — Every teacher of a public school must keep 
a register of the actual daily attendance of the pupils in 
his school, and must submit such register to the district 
trustees for their inspection. 

1749. (3581) (987) Monthly report; not entitled to 
compensation until forioarded. — Every teacher of a pub- 
lic school must, within five days after the end of each 
scholastic month, forward to the county superintendent 
of education a complete report, setting forth the enroll- 
ment, attendance, the branches taught, and the number 
of pupils in each, distinguishing between the boys and 
the girls, and stating whether a white or colored school ; 
also the number of days taught, the amount due for ser- 
vices from school revenues of the district, the number 
of visits by district trustees, and the name and postomce 
of the teacher ; and such report must be sworn to by the 
teacher before some one of the district trustees, and ap- 



31 

proved by them ; and no teacher can draw any pay for 
the services rendered by him until he has forwarded his 
report in accordance with the requirements of this sec- 
tion. 

1750. (3582) (988) To be paid monthly. —The 
teachers of public schools shall be paid monthly, as pro- 
vided in this chapter. 

[Schoolmaster stands in local parentis and may, in a proper case, 
inflict corporal punishment; but is criminally liable for an abuse 
of his authority.— Boyd v. State, 88 Ala. 1G9 ; McCormack v. State, 
102 Ala. 156.1 

INSTRUCTIONS REGARDING EXAMINATION LAW. 

Examinations will' be held; in each county of the 
State beginning on the first Monday in January and 
July and may continue three days. Regular examina- 
tions will be held at no other time. 

1. It is the duty of the State board of examiners to 
prepare questions and furnish them to county superin- 
tendents, to examine and grade the papers and to issue 
certificates to teachers. 

2. On the day set for the examination, the county 
superintendent shall at 10 o'clock A. M., in the presence 
of the applicants, break the seal of the package contain- 
ing the questions. He shall conduct the examination, 
unless he is unable to do so by reason of sicksess or other 
unavoidable necessity, in which case the examination 
shall be conducted by some competent person appointed 
for that purpose. All applicants shall undergo the 
examination in the same room, or in sight of the super- 
intendent or other person appointed to conduct the ex- 
amination. (Two rooms with connecting door or doors 
may be used.) The sum of ten dollars is allowed each 
county superintendent for conducting the examination. 

3. No applicant shall sit near enough to another to 
read Iris paper. No applicant that receives, gives or en- 
deavors to procure or give assistance directly or indi- 



32 

rectly shall be granted a certificate, and it is the duty of 
the county superintendent or other person appointed to 
conduct the examination to advise the State board of 
examiners if this rule is violated. 

4.. Unless the applicant is known to the county su- 
perintendent of education to be of good moral character, 
he shall make satisfactory proof of the same in writing 
and without such proof he shall not be admitted to ex- 
amination. Any one who habitually uses profane lan- 
guage or intoxicants is, by the law, deemed of immoral 
character. The proof submitted by the applicant or the 
county superintendent's certificate must accompany the 
examination report. 

5. When the examination is completed, each appli- 
cant shall sign a certificate that he has neither given nor 
received any assistance in the examination ; which state- 
ment shall be kept on file by the county superintendent. 

6. Answers must be written on legal cap paper with 
pen and ink. (All stationery to be furnished by the 
applicant. ) That the paper in each county may be uni- 
form in size, color, quality, etc., each county superinten- 
dent is advised to procure a supply and furnish it to 
teachers at a reasonable price. 

The subject or branch must be plainly written at the 
top of the page, and each answer numbered to corre- 
spond with the question. In each paper of his examina- 
tion the applicant must write his name and address. 
When the examination is completed the county superin- 
tendent must immediately forward the papers to the 
secretary of the State board of examiners, at Montgom- 
ery. The papers of each applicant must be in a separate 
envelope and sealed, on which should be written his full 
name, address, color, sex, and for what grade applying. 
County superintendents will be allowed to deduct from 
fees received the amounts necessary to send papers to 
the secretarv of the board. 



33 

7. The county superintendent or examiner must 
make out a list of all applicants and place opposite the 
name of each applicant the grade applied for, color, sex 
and postoffice of the applicant. THIS LIST MUST BE 
SENT UNDER SEPARATE COVER TO THE SEC 
RETARY OF THE BOARD OF EXAMINERS. 

8. Applicants shall, before starting- upon the exami- 
nation, deposit with the county superintendent or other 
person appointed to conduct the examination, fees as fol- 
lows: For third grade, one dollar; for second grade, one 
and one-half dollars; for first grade, two dollars; for life 
certificate, three dollars. The fees shall be paid into the 
State treasury to the credit of the public school fund. 

9. Four grades of certificates will be issued, viz. : 
first, second, third and life. A third grade certificate is 
good for two .years; a second for four years; a first for 
six years ; a life, for life. 

10. Applicants for third grade certificates will be ex- 
amined on the following branches : Orthography, read- 
ing, penmanship, grammar, practical arithmetic 
through fractions, primary geography, the elementary 
principles of physiology and hygiene, and agriculture; 
applicants for second grade certificates will be examined 
in all the foregoing branches, and also in practical arith- 
metic, history of Alabama, history of the Uuited States, 
English grammar and composition, and intermediate 
geography ; applicants for first grade certificates will be 
examined in all the foregoing branches, and also in alge- 
bra, natural philosophy, plane geometry, school laws of 
Alabama, and the theory and practice of teaching. 

11. The examination in penmanship will be of such 
a nature that a teacher who is familiar with any sys- 
tem can take it. 

12. Applicants who are absent at the beginning of 
the examination must not be admitted to the examina- 
tion. 

3 S L 



34 

13.. Superintendents shall distribute questions on a 
given subject to all applicants at the same time, and bo 
other questions shall be distributed until all who are 
answering these questions shall have completed and 
turned in their papers. For instance, the agriculture 
papers will be distributed, and no other questions will 
be distributed until all applicants shall have completed 
agriculture. So with the other subjects. The schedule 
sent to the superintendent or examiner by the board of 
examiners must be strictly adhered to in conducting the 
examination. If an applicant absents himself from the 
room before any subject is completed he will hand in his 
paper on that subject, which will be his examination on 
said subject. 

14. Queries regarding the interpretation of ques- 
tions shall not be answered by the county superinten- 
dent or examiner. 

15. In case the county superintendent wishes to take 
the examination, he shall notify the state board of ex- 
aminers so that they may appoint some other competent 
person to conduct the examination, and this person so 
appointed shall have all the powers and duties of the 
county superintendent as to collecting fees, papers, etc., 
and returning the answer papers to the secretary of the 
state board of examiners. It is required whenever a 
county superintendent takes the examination, either for 
a grade or a life certificate, that he have nothing to do 
with the papers, but that he turn the matter over en- 
tirely to the person appointed to conduct the examina- 
tion. 

16. The board of examiners suggests that white and 
colored teachers be examined in separate rooms, with 
connecting doors, if possible. 

17. For obvious reasons it is best to have some fixed 
place in each county for holding these examinations. 
The county seat is to be preferred. It will be necessary 
in a majority of counties for the county superintendent 



•:- 



to procure a room with desks for the purpose of exami- 
nation. 

The school building or other suitable places can be 
easily obtained for this purpose. 

18. Under the law assistants as well as principals 
will have to procure certificates, and county superintend 
dents are urged to see that no principal draws public 
money unless all his assistants who teach common school 
branches have certificates. This department will not ap- 
prove pay rolls for principals unless the names of their 
assistants are on the register on file in the department 
of education. 

19. County superintendents will give notice through 
the county press, or in some other way, of the time and 
place at which the examinations will be held. 

20. If it should happen that not enough papers on 
any subject have been sent, county superintendents, or 
other person appointed to conduct the examinations, 
will allow the papers to be passed among the applicants. 

21. In preparing for these examinations teachers 
may use 1 any standard book on a given subject. Adopted 
books are no better for this purpose than other standard 
books. Questions are never taken from nor based upon 
any particular book except as may be provided through 
announcement touching life certificates. 

22. Teachers holding certificates which expire dur- 
ing the month in which they take another examination 
may continue teaching with full pay until the date of 
the official notice of their rejection, even if they should 
not be successful in the last named examination. 

RTTLES OF THE STATE BOARD OF EXAMINERS. 

1. Every teacher employed in the public schools of 
the state and who teaches any branch upon which an 
examination is required by law, must hold a certificate. 

2. All teachers in the public schools of the State, 
whether principals or assistants, must hold certificates 



36 

at the time they begin teaching. Contracts conditioned 
on the teacher's procuring a certificate at a subsequent 
examination are illegal, and public funds paid under 
them will be charged to the county superintendent, 

3. Applicants for first or second grade certificates 
failing to make the necessary percentage to obtain a cer- 
tificate in the grade applied for, but making the requi- 
site percentage in the branches required for a lower 
grade certificate, may be granted such lower grade cer- 
tificate. Teachers holding unexpired third grade certifi- 
cates may be exempted from taking the examination on 
penmanship, orthography, reading, physiology and agri- 
culture in making application for a higher grade. Teach- 
ers holding unexpired second grade certificates may ap- 
ply for a first grade by taking an examination in alge- 
bra, geometry, physics, theory and practice of teaching 
and school laws of Alabama. In every instance such un- 
expired second or third grade certificates must be filed 
with the examination papers. Second or third grade 
certificates may be thus used in applying for a higher 
grade certilcate at any examination period including the 
month in which such certificate expires. 

4. Special examinations at Montgomery may be al- 
lowed as follows: (a) To those applicants who were 
prevented from taking the last regular examination on 
account of sickness, absence from the state, or other 
unavoidable cause. 

(b) A second or third grade examination may be al- 
lowed those first grade applicants who fail, and substi 
tuted their unexpired second grade certificates for the 
second and third grade branches. 

(c) A third grade examination may be allowed those 
applicants who make application for a higher grade and 
fail on second grade arithmetic, second grade grammar, 
or second grade geography. 

(d) Strangers should bring letters of introduction 
and testimonials of erood character. 



37 

In all special examinations a fee of five dollars is re- 
quired. Application blanks for these examinations will 
be furnished by the department of education. 

5. Whenever there is evidence from the papers that 
applicants It arc been in communication or that assist- 
ance has been obtained from any source, the application 
of all parties concerned will be rejected. 

LIFE CERTIFICATES. 

6. Teachers who have taught six years under an Ala- 
bama first grade certificate and Avho shall show a high 
degree of proficiency and professional attainment may 
be granted a life certificate. 

7. Applicants for life certificates should submit their 
first grade 1 certificates as proof that they liave complied 
with the law by holding such grade six years or more. 

8. Applicants for life certificates must make proof 
by affidavit or by statements from school officials that 
they have taught six years or more while holding an Ala- 
bama first grade certificate. Experience in teaching is 
acceptable whether obtained in Alabama or any other 
State; but the applicant must show the holding of an 
Alabama first grade certificate during six years or more. 

9. An applicant for life certificate, as evidence of 
proficiency and professional attainment, shall, at the 
time of the regular examination through the county su- 
perintendent, furnish t othe state board of examiners : 

(a) Sketch not exceeding five hundred words in 
length of his school work during any six years while 
holding a first grade certificate. 

(b) Discussions on questions involving the history 
of education, and also theory and practice of teaching. 
The basis of this examination will be two or more books 
selected for each examination term by the board of ex- 
aminers and announced several months in advance 
through the columns of the Alabama Educational Ex- 
change. 



38 

(c) Testimonials from three educators of recognized 
standing that he has a good character, and has shown a 
high degree of proficiency and professional attainment. 

10. In the future the State board of examiners will 
not grant a life certificate to an applicant who has not 
taught since February 10, 1899 ; or, to one who has been 
granted a lower grade than that of a first grade certifi- 
cate since that time, unless at some subsequent exami- 
nation the applicant was granted a first grade certificate. 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW. 

6413. Injuring or defacing public or private build- 
ings, or fences thereof. — Any person who willfully in- 
jures or defaces any church, or schoolhouse, or building 
belonging to the State, or to any county, city, town, or 
person, or writes or draws figures, letters, or characters 
on the walls thereof, or on the fences or inclosures 
thereof, must, on conviction, be fined not less than ten 
nor more than one hundred dollars, and may also be 
imprisoned in the county jail, or sentenced to hard labor 
for the county, for not more than three months ; and the 
fine goes to the injured party. It shall not be necessary 
to aver or prove the ownership of any church or school- 
house in prosecutions under this section. 

6769. Disturbing people met for school purposes or 
holiday. — Any person who willfully disturbs any school, 
or other assemblage of people, met for any lawful pur- 
pose, or for amusement or recreation on a holiday for 
a school, must, on conviction, be fined not less than five 
nor more than fifty dollars. 

6831. Embezzlement by using school money for other 
than school purposes. — Any person into whose hands, 
or under whose control, any of the public school money 
may come, who uses or permits the use of the same, or 



30 

any part thereof, except for purposes of the puMic 
schools, and in accordance with the law regulating the 
public schools, and providing for the disbursement of 
the public school money, is guilty of embezzlement, and., 
on conviction, must be punished as if he had stolen it, 

6897. Shooting, throwing missiles into, etc, dwelling' 
and other houses. — Any person who shoots a pistol or 
other firearm or slingshot, or who throws a stone or 
other missile at, into, in, through, r against a dwelling- 
house, school house, church building, factory storehouse, 
courthouse or house or building used for manufacturing 
purposes, or any house or building used for the assem- 
blage of people for business or pleasure, shall be guilty 
of .a misdemeanor, and, on conviction thereof, shall be 
fined not more than one thousand dollars, and may be 
sentenced to hard labor for the county for not longer 
than twelve months. 

7750. Stealing examination questions, penalty for. 
— Any person who purloins, steals, buys, receives, sells, 
gives, or offers to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of the examination for which they 
had been prepared shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be fined not less than 
one hundred dollars, and may be sentenced to hard labor 
for the county for not less than six months. 

7751. Use of other than contract books in, public 
schools. — Any teacher who shall use or permit to be used 
in his or her school any text-book upon the branches for 
which text-books are adopted, where the commission has 
adopted a book upon the branch, other than the one so 
adopted, except supplementary books, shall be guilty of 
a misdemeanor, and, upon conviction, shall be punished 
by a fine of not less than ten dollars nor more than fifty 
dollars. 



40 

7752. Charging more than contract price for .school 
books. — Any local agent, dealer, clerk, or other person 
handling or selling the books adopted as school text- 
books, who shall demand or receive for any copy of any 
of the books so adopted more than the contract price, in 
cases where the purchase is for cash, shall be guilty of a 
misdemeanor, and, upon conviction, shall for each of- 
fense be punished by a fine of not less than fifty nor 
more than five hundred dollars. 

7753. Text-hook provisions; violation of, penalty. — 
Any person or teacher violating the provisions of article 
18 of chapter 41 of this Code as to text-books, shall be 
guilty of a misdemeanor, and, upon conviction, shall be 
fined not less than ten dollars nor more than fifty .dol- 
lars. 

7754. (3choolhou.se warrants or proceeds, wrongful 
application of; penalty. — Any person wh oshall know- 
ingly use or apply or authorize the use or application 
of the proceeds, or any part thereof, of any warrant de- 
livered to him under article 31 of chapter 41 of this 
Code, for the purpose or objects other than as required 
by said articles, shall be guilty of a misdemeanor, and, 
on conviction, shall be fined not less than two hundred 
dollars nor more than one thousand dollars, and may 
also be imprisoned in the county jail or sentenced to 
hard labor for the county for not more than six months. 

7755. False or fraudulent enumeration of school 
children; penalty for. — Any person appointed to make 
an enumeration of the children within school age of any 
public school district in this State as required by law, 
who shall knowingly make a false or fraudulent enumer- 
ation or report of the number of children within school 
age residing in such district, shall be guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine 
of not less than one hundred dollars nor more than five 



hundred dollars, and shall also be sentenced to hard la- 
bor for the county for not less than six months nor more 
than twelve months 



ARTICLE 12. 

Teachers ' Institutes. 

1.751. (3590) (995) Teachers' institutes to be or- 
ganized. — It shall be the duty of the board of education 
in each county to organize and maintain therein teach- 
ers' institutes, one for teachers who are white persons, 
and one for teachers who are colored persons, to be held 
at such times and places as the board may prescribe; 
but there shall not be less than ten licensed teachers in 
the county of the race for whom such institutes shall be 
organized. 

1752. (391) (996) Officers and members of insti- 
tutes; no fee imposed without consent. — The county su- 
perintendent of education shall be the president of such 
institutes, and the members of the board of education 
shall be the vice-presidents thereof, one of whom shall 
preside over its meetings in the absence of the president; 
the other officrs thereof may be elected. Every teacher 
of the county holding a license shall be a member of the 
institutes organized for his race. But no fee or assess- 
ment shall be imposed on a member without his consent. 

1753. (3592) (997) Meetings of institutes. — There 
shall not be less than throe meetings in each year of 
such institutes, one of which shall be held in the month 
of September, and at this meeting an address to the 
teachers shall be made by some person selected by the 
educational board; and teachers holding licenses shall 
attend at least one of such meetings; and failing to at- 



42 

tend without a good excuse to be judged of by the county 
superintendent of education, shall forfeit one month's 
salary of teacher 

1754. (3593) (998) Business of the institutes. — 
The meetings of the institutes shall be devoted mainly to 
discussions and instructions in regard to the methods 
of teaching and disciplining schools, and to the text- 
books used, and other matters connected with the 
schools and school laws. 



ARTICLE 13 

Children and Pupils Eligible to Public Schools. 

1755. (3595) (1000) Pupils entitled to instruction 
in public schools. — Every minor over the age of seven 
years shall be entitled to admission into, and instruc- 
tion in any public school of his or her own race or color 
in this State. 

1756. (3597) When nonresidents entitled to school 
privileges. — Any parent or guardian residing within the 
State who shall pay a local or special tax on real estate 
valued at five hundred dollars or more, in any city or 
school district, shall be entitled to the privileges and 
benefits of the public schools in such city, or school dis- 
trict, for their children, the same as parents and guard- 
ians resident therein. The provisions of the charter of 
any municipality, or separate school district, in conflict 
herewith, are expressly repealed. 

1757. (3600) (1003) Separate schools for the two 
races. — In no case shall it be lawful to unite in one 
school children of the white and colored races. 



43 
ARTICLE 14. 

Examinations in Public Schools. 

175S. (3599) (1002) Public era mi nations, and cer- 
tificate* to pupils. — Public examinations must be held 
iu the public schools at least once iu every year; and 
when the board of education shall be satisfied that anj 
pupil has become thoroughly educated in all the 
branches of free instruction in any one of such schools, 
thev shall give to him or her a certificate to that effect. 



ARTICLE 15. 

Scholastic Periods. 

1759. (3598) (1001) Scholastic periods.— The 
scholastic year shall begin on the first day of October 
of each year, and end on the thirtieth day of Septem- 
ber of the following year; twenty days shall constitute a 
school month, and a school day shall be not less than 
six hours. 



ARTICLE 16. 

Apportionment of School Fund; Disp>ursement. 

1760. (3601) (1004) State auditor certifies amount 
of educational fund; superintendent apportions. — On 
the first day of October of each year, or as soon thereaf- 
ter as practicable, the State auditor shall certify to the 
superintendent of education the amount of money which 
has accrued and been placed by him to the credit of the 
educational fund for the scholastic year commencing on 
that day, stating specifically the amount derived from 
each source, and any unexpended balance there may be 



44 

from the appropriation of the previous year to be car- 
ried forward; and the amount so certified shall be appor- 
tioned by the superintendent of education, and be drawn 
and disbursed as provided by law. 

1761. (3602, 3605) (1005, 1008) Contingent ex- 
penses and amount for normal schools set apart; resi- 
due apportioned. — As soon as such certificate is received 
by the superintendent of education, he shall set apart 
the following amounts for normal schools, to-wit : For 
the normal schools at Florence, Troy, Jacksonville, and 
at Livingston, fifteen thousand dollars each; and for 
other normal schools, such sums as are provided by law T , 
and he shall then apportion all the remainder of such 
fund, as far as practicable, among the several counties 
in the State in proportion to the number of school chil 
dren of school age therein, according to the latest re- 
turns of enumeration of school population of the coun- 
ties which have been made to his office, but if such 
enumerations have not been made as provided by law, or 
have not been reported to him by the county superin- 
tendent of education, and the superintendent of educa- 
tion has not caused a new enumeration to be made, he 
shall then apportion to each county according to the 
best information he can obtain of the entire number of 
children of school age' in such counties, but in no event 
shall he, in case of such failure to enumerate or report 
all the children of school age in the respective counties, 
estimate the school population of any county at more 
than the last official report to his office. 

1762. (363) (1006) Amounts apportioned certi- 
fied to auditor; no tcarrants drawn in excess; balance 
unapportioned certified to treasurer. — As soon as such 
amounts have been set apart, and such apportionment 
has been made, the superintendent of education shall 
certify to the State auditor the amount set apart for 
each particular purpose or appropriation, and the total 



-15 

amount of the apportionment to the several counties, 
and the State auditor shall see that no warrants are 
drawn against the educational fund, for any purpose, 
for any amount in excess of the amounts so certified as 
set apart and apportioned; and he shall certify to the 
State treasurer the amount of the school revenue, ex- 
clusive of poll tax, unapportioned by the superintend- 
ent of education, and the treasurer shall set apart the 
amount out of any money received from the taxes of the 
current year, and he shall keep the same separate and 
apart from all other revenues, and shall not pay out any 
of such money except upon warrants for school pur- 
poses. 

1763. Superintend efft must certify and report 
amount of school fund apportioned to the several conn- 
tics to the count// superintendents of education. — As 
soon as practicable after the superintendent of educa- 
tion has apportioned to the several counties the amoun; 
of school funds in proportion to the number of school 
children of school age therein, he shall certify and re- 
port the amount to the respective county superintend- 
ents of education, or to the county board of education 
in case there is no county superintendent of education. 
taking their receipts for such amounts so certified. 

1764. (3604) (1007) Interest on sixteenth-section 
or other trust fund first set apart; effect of apportion- 
ment. — In making the apportionment of school money 
to the several districts, the superintendent of education 
shall first set apart to each township or other school dis 
triet the amount due from the State thereto as interest 
on its sixteenth-section fund, or other trust fund held 
by the State; and all townships or school districts, hav- 
ing an income from such source, or from the lease or sale 
of sixteenth-section lands, shall not receive anything out 
of the balance of the educational fund to be apportion 
ed, until all other townships or school districts, having 



4(5 

no trust fund,shall have received from the general fund 
such amount as will give them an equal per capita ap- 
portionment with the townships or districts having such 
income. 

1765. Apportionment of school funds to school dis- 
tricts of the several counties. — As soon as practicable 
after the superintendent of education has apportioned 
the school funds to the several counties and has certi- 
fied the same to the county superintendents of educa- 
tion, the county boards of education shall apportion the 
funds awarded to their county to the several school dis 
tricts in their counties, so as to provide, as nearly as 
practicable, school terms of equal duration in such 
school districts. 

1766. Report of apportionment by county boards of 
education to superintendent of education. — As soon as 
practicable after the county boards of education have 
apportioned the school funds of their county for any 
scholastic year to the several school districts, they shall 
report in writing their proceedings to the superintend- 
ent of education, showing the amounts apportioned to 
the several school districts. 

1767. County boards must keep record, of apportion- 
ment. — County boards of education must keep a record 
of each and every apportionment of school funds of 
their counties to the several school districts. 

1768. (3606) (1009) Apportionment recorded, 
and certified to county superintendents ; when contracts 
for schools invalid. — As soon as such apportionment ;s 
completed, the superintendent of education shall have 
the same recorded in his office, in books kept for that 
purpose, showing the amount which has been appor- 
tioned to each district, and the sources from which the- 
same was derived, the amount to each district, and the 



47 

number of children in the district upon which the ap- 
portionment was based; and he shall then furnish to 
each county superintendent of education a certified copy 
from such hooks, showing the dividends of the educa- 
tional fund to each township or district under the lar 
ter's supervision ; and the amount so divided and certi- 
fied shall be the total amount which each of such school 
districts shall be entitled to receive from the State., ex- 
cept the poll tax, during the current scholastic year : 
and no contract to pay any school or schools, for axu 
district more than the amount thus apportioned to it, 
together with such poll tax as it may receive, and such 
funds as may be in hand from any previous year, shall 
be valid against the State or township. 

1761). (3607) (1010) Poll tax received by earl, 
county. — Each county shall receive as school money all 
the poll tax collected therein ; and the same shall be its 
full distributive share of the aggregate poll tax collect- 
ed in this State. 

(See Section 2199 of the Code.) 

1770. (3609) (1012) Amount due each county ap- 
portioned and certified to auditor. — The superintendent 
of education shall, by the tenth day of October in each 
year, or as soon thereafter as practicable, apportion to 
every county the amount of school money such county 
will be entitled to receive for the scholastic year from 
all sources except such special tax, if any, levied for 
school purposes in any county; and he shall certify the 
same to the State auditor. 

1771. (3610) County superintendent shall make 
pay rolls. — On the fifteenth day of each month the coun- 
ty superintendents of education shall make in duplicate, 
for each race separately, a pay roll showing the names 
of all teachers engaged in teaching public schools in 
their counties, with their postoffice address, and the 



48 

estimated amount that will be due to each teacher at 
the end of the current month from the funds of each 
township and range or district in its regular numerical 
order; and shall append thereto an affidavit that the 
same is correct. One of such duplicate pay rolls shall 
be retained by the county superintendent of education, 
and the other he shall forthwith forward to the superin- 
tendent of education, who shall examine the same, and 
if found correct, it shall be approved by him and filed 
with the State auditor. 

1772. (3611) State auditor shall draw warrant in 
favor of county superintendent. — The State auditor 
shall, immediately upon the receipt of such pay roll, 
draw a warrant on the State treasury in favor of the 
county superintendent of each county for a sum which 
will be equivalent to the amount estimated to be due on 
said pay roll, and four per cent thereon, and shall file 
said warrant, together with the pay roll upon which it 
is based with the State treasurer, whereupon it shall be 
the duty of the State treasurer to forward by express 
or exchange, which ever way may be the cheapest, at the 
expense of the State, to the county superintendent, the 
amount of such warrant, and the pay roll and duplicate 
receipts for said sum ; provided, that whenever the war- 
rant and pay roll upon which it is based for any county 
is filed with the State treasurer, it shall be the duty of 
the treasurer to immediately ascertain from the tax col- 
lector of such county if he has State funds in hand suf- 
ficient to pay such warrant; and if he has, the State 
treasurer must forward such warrant, together with the 
pay roll, to the county superintendent, and upon re- 
ceipt of such warrant and pay roll the county superin- 
tendent shall present the warrant to the tax collector 
for payment, and the tax collector is authorized to cash 
such warrant when presented, properly endorsed, by the 
county superintendent, whereupon it shall be the duty 
of the tax collector to forward by mail such warrant, 



49 

after endorsement by both the county superintendent 
and himself, to the State treasurer for credit on his ac- 
count with the State The county superintendent of 
education must immediately upon receipt of said sum 
sign the duplicate receipts and return one to the treas- 
urer, who shall attach it to the appropriate warrant, 
and the other shall be returned to the auditor. 

1773. (3612) Teachers paid and receipts taken. — 
Immediately upon the receipt by the county superin- 
tendent of the amount of the monthly pay roll he shall 
pay the teachers, taking their receipt therefor on both 
copies of said pay roll, and must by the fifteenth day of 
each month return one copy of such receipted pay roll 
to the superintendent of education Provided, that in 
case any teacher should fail to call for the amount due 
him (or her), the county superintendent of their respec- 
tive counties shall, at the expense and request of said 
teacher, mail the said teacher, a registered letter or 
check on sonic bank in their' respective counties for the 
amount due him; provided, that in no case shall the 
county superintendent pay a teacher or mail him a reg- 
istered letter or check unless the teacher's monthly re- 
port, duly certified to, is on file. 

1774. (3615) Balance in hands of county superin- 
tendent charged to him. — Upon the return of the re- 
ceipted pay roll to the superintendent of education, if it 
should appear that there is a balance in the hands of 
the county superintendent, the amount of such balance 
shall be charged to him and shall be deducted from the 
amount of the next monthly pay roll. 

1775. (3616) County superintendent failing, must 
be removed. — Any county superintendent, or superin- 
tendent of any separate school district, who fails to 
make and return any pay roll required by this article, 

4 S L 



50 

or who fails to sign and return the receipts herein pro- 
vided for, or who fails to pay the teacher within fifteen 
days after the receipt by him of the money, or who fails 
to return the receipted pay roll, must be removed from 
office by the superintendent of education. 

1776. (3617) (1016) Apportionment and expend- 
iture of local school money. — All local school funds 
raised for the support of public schools by taxation or 
otherwise shall be apportioned and expended in the dis- 
trict or districts or counties in which the same were 
raised, under such rules and regulations as the district 
trustees, or other local authority provided by law, may 
prescribe; but this section shall not be construed to re- 
peal any provision for the apportionment and disburse- 
ment of moneys mentioned in this chapter, or provided 
for in special or local laws; and all funds contributed 
by persons, or otherwise, to such district, shall be ap- 
plied as indicated in the grant from such contributors; 
and no school moneys distributed to the various coun- 
ties from the State school revenue shall, either directly 
or indirectly, be paid for the erection of schoolhouses, 
for the use of schoolroom furniture, or any other con- 
tingent expenses of schools. 

1777. (3618) (1017) Apportionment of income 
from trust fund when toiunship divided. — Whenever a 
township or district which has an income from a trust 
fund is divided by a State or county line, or otherwise, 
into separate districts, or includes a city which is a sep- 
arate school district, such income must be divided be- 
tween and apportioned to each school district in such 
township or district, according to the school population 
of each. 

1778. (3620) (1019) Fund once apportioned, not 
used for pther purposes until reapportioned. — Funds 
which have accrued and have been apportioned to any 



51 

district or race shall not be used for the benefit of any 
other district or race until the same shall have been re- 
apportioned under the provisions of this Code. 

1779. (3621) (1020) What part of income new 
district* arc entitled fo.-^YVhonevor any separate school 
district is created, which shall embrace parts of two or 
more districts, such district shall receive its proportion- 
ate share of the income from any trust fund belonging: 
to either or both of such districts, according to its school 
population. 

1780. (3622) (1021) Contingent fund for depart- 
ment of education. — The State treasurer shall annually 
set apart, out of any money in the treasury, the sum of 
one thousand dollars, as a contingent fund for the de- 
partment of education ; and whenever it shall become 
necessary to draw on such fund, the superintendent of 
education shall certify the amount necessary, and for 
what purpose, to the auditor, who shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of education shall keep an accurate account of 
all sums which he shall certify to be paid out of such 
contingent fund, and shall furnish an itemized state- 
ment thereof to the governor each year, with his annual 
report. 



ARTICLE 17. 

School Lands; Lease and Sale. 

1781. (3625) (1023) (962) (575) (501) What 
are school lands, and in whom, rested. — School lands, 
within the meaning of this Code, are sections numbered 
sixteen, in every township granted by the United States 
for the use of schools in the township, and such other 
lands as may have been granted to any township or dis- 



52 

trict for the use of schools; and all school lands are 
vested in the State in trust to execute the objects of the 
grant. 

(Note. — This article makes sales of sixteenth section 
and indemnity lands uniform. ) 

1782. (3661) Sale of school and indemnity lands 
authorized. — The superintendent of education is author- 
ized and empowered to sell and dispose of all school 
lands, together with those which have been heretofore 
or may hereafter be certified to the State for the use 
and benefit of the several townships or districts in 
which was a deficiency in the amount of land originally 
certified to the State for their benefit, subject to the ap- 
proval of the governor. 

1783. Consent of inhabitants of township or district 
to sale of land. — No school lands, except indemnity 
lands, shall be sold without the consent of the inhabi- 
tants of the township or district in which such lands are 
located. Said consent to be obtained and shown by a 
petition in writing addressed to the superintendent of 
education requesting and consenting to the sale of such 
lands signed by a majority of the legally qualified vot- 
ers of the township or district, which petition must be 
verified by the affidavit of at least three of the signers, 
that a majority of the inhabitants of the township or 
district in which the lands are situated desire a sale 
thereof and that the persons making and signing said 
petition constitute a majority of the qualified electors 
residing in said township or district. 

1784. (3646) (1044) (986) (607) (537) Resale 
of lands. — If any purchaser fails to make the payment, 
or give his notes with approved securities, and secured 
by a mortgage on the land, as required, the land bid off 
by him must be immediately resold, if practicable, but 
if not practicable to make the resale at once, it must be 



53 

resold at a future day, as if no sale had been made ; and 
the first purchaser shall be responsible for the difference 
between his bid and the amount for which the land is 
subsequently sold, if such amount is less than the bid 
of such first purchaser. 

1785. (3602) Proceed* of sale; how disposed of. — 
The proceeds arising from such sales, after the payment 
of all proper costs and expenses thereof, shall be, by the 
superintendent of education, paid into the State treas- 
ury to the credit of the counties, townships, or school 
districts to which the same may belong- in the propor- 
tion of their interest therein, so as to carry out the ob- 
ject and purposes of the original grants, gifts, or laws 
by which such lands were acquired for school purposes, 
as nearly as practicable under the existing school laws. 

1786. (3663) Note* taken by superintendent of ed- 
ucation held until paid; when placed with the attorney 
general. — All notes taken by the superintendent of edu- 
cation for the purchase of such lands must be secured 
by mortgage and must be held by him until the same are 
due, and if not then paid, may be placed with the attor- 
ney-general for collection. 

1787. (3661) Manner and terms of sale. — Such 
sales may be made from time to time, at public or pri- 
vate sale, as in the judgment of the superintendent of 
education shall best promote the interest of the school 
fund of the State, and shall be for cash, or part cash 
and part on time, as the superintendent of education 
and the governor may deem best; but in no case shall 
there be less than one-fourth of the purchase money paid 
in cash, and the remainder shall be payable in yearly in- 
stallments to extend over a period of not more than 
three years, and shall be secured by notes with sureties 
and by mortgage on the land to be approved by the su- 
perintendent of education, and shall bear interest from 
the date of the sale 



54 

1788. (3626) (1025) (967) (588) (519) Tim- 
ber lots reserved. — The superintendent of education may 
select such lots as he thinks proper, to reserve from cul- 
tivation for the benefit of the timber thereon, and must 
mark the same "reserved" on the plat thereof. 

1789. (3631) (1030) (972) (593) (524) Timber 
lots; how used. — The lots reserved for timber are for the 
common benefit of the lessees of the other lots; but no 
timber must be cut down, injured, or destroyed, as long 
as there is sufficient on the other lots, which the super- 
intendent of education is to determine; and the lessees 
must in no case cut down, injure, or destroy such timber 
without permission from the superintendent of educa- 
tion, which may be given on such terms as he may think 
proper, having due regard to the interest of the town- 
ship or district. 

1790. (3632) (1031) (973) (594) (525) Penalty 
for injuries to timber. — Any person who, without au- 
thority, cuts down, boxes, injures, or destroys any tree 
en school lands shall forfeit and pay for every such tree 
ten dollars, to be recovered before any court having 
jurisdiction, in the corporate name of the township, or 
the school district in which such lands are located. 

1791. (3633) (1032) (974) (595) (526) Fines paid 
into treasury for school fund. — All fines and forfeitures 
under the preceding section shall be paid into the State 
treasury, and added to the principal of the school fund 
of the township. 

1792. (3647) (1045) (987) (608) (538) Certificate 
purchase. — The superintendent of education, on receiv- 
ing from the purchaser the cash payment, and his notes 
and mortgages for the deferred payments, must give to 
him a certificate of purchase, describing the lands pur- 



chased, and showing the number of acres and the 
amount of the purchase money. 

171)3. (3648) (104G) (988) (609) (539) Elf ret of 
certificate of purchase. — Such certificate conveys to the 
purchaser, his heirs, or assigns, a conditional estate in 
fee, to become absolute on the payment of the purchase 
money and interest, and to revert to the State for the 
uses originally granted in the following cases: 

1. When all the notes have become due, and the mak- 
ers have left the State, or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, 
and execution has been returned "no property" by the 
proper officer of the county in which the township or 
district lies ; or when judgment is had and execution re- 
turned against any one or more of such makers "no 
property."' and the others have left the State, or died 
insolvent, 

1794. (3649) (1047) (989) (610) (540) Revesting 
of title; clerk to certify facts; penalty .for failure; costs. 
— No proceeding is necessary to revest the title in the 
State on the happening of the events specified in the pre- 
ceding section, but such lands may be recovered in the 
name of the State, for the use of the township or district, 
against any person in possession of the same, upon 
proof of the facts ; and it is the duty of the clerk of the 
court in which the suit is pending, or the judgment re- 
covered, to certify the facts to the superintendent of 
education, on the happening of the events specified in 
the second and third subdivisions of the preceding sec- 
tion, and failing to do so within a reasonable time, he 
forfeits the. sum of one hundred dollars ; one-half to the 
person suing for the same, and the other to the State 
for the use of the township or district. When no money 
is recovered in suits on notes for purchase money of 



56 

school lands, no costs must be taxed against the town- 
ship or district for such suits. 



.-.< 



1795. (3651) (1049) (991) (613) (543) Fines go 
to school fund. — The amount received by the State up- 
on recoveries had under the last preceding section is to 
be added to the principal of the school fund of the town- 
ship or district. 

1796. (3652) (1050) (992) (614) (544) Patents.— 
A patent issues, on the payment of the purchase money, 
to the purchaser, his heirs, or assigns; and when the 
patent is to the heirs, it vests a title in all persons en- 
titled to claim in that capacity under the provisions of 
this Code. 

1797. (3653) (1051) (993,996) (615,616) Issue of 
patent by secretary of State; correction of mistake. — 
The secretary of State must issue patents, upon satis- 
factory evidence furnished him of full payment of pur- 
chase many, to any person, agent, or other officer legal- 
ly authorized to receive such payment; and upon proof 
of a mistake in the issue of any patent, he must correct 
the same or issue a new patent on the return of the orig- 
inal to his office. 

1798. (3654) (1052) (995) (617) (545) Issue of 
patents in other cases. — Except under the provisions of 
the preceding section, no patent must issue without the 
certificate of the superintendent of education that the 
whole amount of the purchase money specified in the 
certificate, with all interest thereon, has been paid. 

1799. (3655) (1053) (998) Collection of past due 
notes. — All notes for school lands held by or deposited 
with the superintendent of education, if not paid within 
six months after maturity, must be placed with the at- 
torney-general for collection; but this section shall not 



•M 



be so coustrued as to prevent the superintendent of edu- 
cation from ordering suit on notes at any time after ma- 
turity, when so ordered by the sureties on the notes. 

1800. (3656) (1054) (999) Appoint matt of agenU 
for collect ion of notes. — The superintendent of educa- 
tion may appoint agents for surveying, mapping, or 
platting school lands and for the collection of notes for 
purchase money of land, being responsible for any neg- 
lect on the part of such agents. 

1801. (3657) (1055) (1000) Township credited 
with collection on notes. — All collections on notes given 
for the sale or lease of school lands must be paid into 
the treasury of the State, to the credit of the proper 
township or district. 

1802. (3658) Proceeds of school lands covered into 
treasury; faith and credit of State pledged for payment 
of interest. — All funds now in the State treasury de- 
rived from the sale of sixteenth-section or other school 
lands, or which may hereafter accrue from sales of such 
lands, together with the redemption money of other 
lands in which former accumulations have been invested 
under an act approved March 1, 1881, entitled "An act 
to authorize the compromise and settlement of claims 
for school lands in this State," are covered into the 
State treasury and made available for general purposes ; 
and the faith and credit of the State is pledged for the 
payment of the interest on such fund to the public- 
schools of the State, at the rate of six per cent per an- 
num. 

1803. (3665) Lea-se of school and indemnity lands. 
— The superintendent of education may, with the ap- 
proval of the governor, lease out all or any of the school 
or indemnity lands for a term not exceeding five years, 
or may enter into contracts permitting persons to mine 



58 

ore, coal, or other minerals therefrom, upon a royalty, 
for a term not exceeding twenty years ; and the net pro- 
ceeds of all moneys received from the lease of such lands, 
or as a royalty for the minerals mined therefrom, shall 
be paid into the State treasury monthly, to the credit 
of the townships to which such lands belong in the pro- 
portion of their interest therein. 

1804. Compromise ; hoard of,, as to school lands. — 
The governor, superintendent of education, and attor- 
ney-general are constituted a board of compromise for 
the purpose of examining into the title or claim of the 
State to any sixteenth-section or other school lands 
which have illegally passed out of the possession of the 
State, or which have heretofore been disposed of by the 
State and not paid for. The board may take all action 
necessary to recover any such lands, or, if deemed best, 
may settle and compromise any conflicting claims there- 
to between the State and persons claiming the land. 
When any compromise or settlement is made the secre- 
tary of State shall, upon the order of the board of com- 
promise, issue patents to the land the claims to which 
have been so compromised. 

NORMAL SCHOOLS. 

Alabama has nine Normal Schools, six for the white 
race and three for the colored race. 

Four of the normal schools for the white race receive 
annually an appropriation of |15,000 each from the 
State and these schools are located at Florence, Troy, 
Jacksonville and Livingston. These four schools have 
been established for many years. The other two normal 
schools for the white race were recently established and 
they are located at Daphne and Moundville and each of 
them receive an annual appropriation of $2,500 

The three schools for the colored race are located at 
Tnskegee, Normal (near Huntsville) and Montgomery. 



59 

The school at Tuskegee receives an annual appropria- 
tion of .54,500, the one at Normal an annual appropria- 
tion of #4,000, and the one at Montgomery an annual 
appropriation of $8,500. 

All of the appropriations mentioned above are the 
appropriations made by the State of Alabama, but some 
of the normal schools receive revenue from other sources, 
such as Peabody Fund, Slater Fund, etc., and all of the 
schools receive some revenue from matriculation fees, 
incidental fees, etc. 

Further information relative to the government and 
operation of the various normal schools may be obtained 
by reading the special act of the legislature creating 
each school and by reading section 1761 of the Code. 

AGRICULTURAL SCHOOLS. 

Alabama has nine Agricultural Schools located in the 
various Congressional Districts of the State. These 
schools each receive an annual appropriation of $4,500 
from the State and the schools also receive some revenue 
from matriculation and incidental fees. 

The First District Agricultural School is located at 
Jackson, the Second at Evergreen, the Third at Abbe- 
ville, the Fourth at Sylacauga, the Fifth at Wetumpka, 
the Sixth at Hamilton, the Seventh at Albertville, the 
Eighth at Athens, and the Ninth at Blountville. 

These schools are governed by sections 59-69 of the 
Code of j 907 and also by rules and regulations made by 
the Executive Committee of these schools. The Gov- 
ernor, the Superintendent of education, and the Com- 
missioner of Agriculture compose the Executive Com- 
mittee. 



ARTICLE 18. 

Text-Book Commission; Members, Appointment of. 

1805. Text-booh commission; how constituted. — On 
or before March 1st, 1908, the governor shall select and 



GO 

appoint nine educators of known character and ability, 
men well acquainted with arranging courses of study 
and engaged in public school work, one from each con- 
gressional district, who, together with himself and the 
State superintendent of education, shall constitute the 
text-book commission of Alabama. 

1806. Oath of commissioners. — Before transacting 
any business pertaining to the duties of this commission, 
they shall each take an oath before some person author- 
ized to administer oaths, to faithfully discharge all the 
duties imposed upon them as members of said text-book 
commission, and that they have no interest, directly or 
indirectly, in any contract that may be made under this 
article, and receive no personal benefit therefrom. 

1807. Commission; organization of. — The text-book 
commission shall immediately after their appointment 
meet and organize, the governor being president of the 
commission and the superintendent of education secre- 
tary of said commission. 

1808. Duties of commission. — It shall be the duty of 
said commission to select and adopt a uniform series 
of text-books for use in the public schools of the State 
for a period of five years. 

1809. Unlawful to use other hooks than those select- 
ed. — It shall be unlawful for any school official, direc- 
tor or teacher to use any books upon the same branches 
other than those adopted by said State textbook com- 
mission. 

, 1810. Branches of study for which books selected. — 
Said uniform series shall include the following branches 
of study, to-wit : Orthography, reading, writing, arith- 
Alabama containing the constitution of the State, his- 
metic, geography, grammar, language lessons, history of 



(II 

tory of the United States, elementary physiology and 
hygiene, elementary principles of agriculture, and such 
other branches of study as properly belong- in a common 
school course. 

1811. Partisan or sectarian books forbidden. — None 
of said text-books shall contain anything- f a partisan 
or sectarian character. 

1812. Books selected may be dropped, — The text- 
book commission shall have the power by three-fourths 
vote to drop an unsatisfactory book at the end of any 
school year during the continuance of the contract and 
to make another adoption. 

1813. Qualities and merits ejf books to control in se- 
lection. — The text-book commission shall consider the 
merits of each book, taking into consideration their sub- 
ject-matter, the printing, binding, material, and me- 
chanical qualities, and their general suitability and 
desirability for the purpose intended, as well as the 
price of said books, but no text-book the subject- matter 
of which is of inferior quality shall be adopted by the 
text-book commission. Said commission shall select and 
adopt sueh books as will, in their best judgment, 
accomplish the ends desired. 

1814. Desirable books; when price too high. — In case 
any book or books are deemed suitable for adoption and 
more desirable than other books of the same class sub- 
mitted, and they further consider the price at which 
the books are offered to be unreasonably high, and that 
they should be offered at a smaller price, the commis- 
sion shall immediately notify the publisher or author 
of such book or books of their decision, and request such 
reduction in price as they deem reasonable and just, and 
if they and such publishers shall agree on a price thev 
may adopt his book or books, but if not. thev shall use 



«2 

their own sound judgment and discretion whether they 
will adopt that or the books which are deemed by them 
next best in the list published. 

1815. Advertisement for bids. — As soon as practica- 
ble, not later than thirty days after its organization, the 
commission shall advertise in such manner and for such 
length of time and at such places as may be deemed 
advisable, that at a time and place fixed definitely in 
said advertisement, sealed bids or proposals will be re- 
ceived from the publishers of school text-books for fur- 
nishing books to the public schools in the State of Ala- 
bama, through such agencies in the several counties, and 
places in the several counties in the State, as may be 
provided for in such regulations as said commission may 
adopt and prescribe. 

1816. Bids; specifications, requisites, and contents 
of. — The bids or proposals shall be for furnishing the 
books for a period of five years and no longer, and that 
no bid for a longer period will be considered. Said bids 
shall state specifically and definitely the price at which 
the books will be furnished, and shall be accompanied 
by one or more specimen copies of each and every book 
proposed to be furnished. 

1817. Deposits as security for performance of bid. — 
It shall be required of each bidder to deposit with the 
treasurer of the State a sum of money such as the com- 
mission may require, not less than five hundred dollars 
nor more than twenty-five hundred dollars, according to 
the number of books each bidder may propose to supply, 
and notice shall further be given in such advertisement 
that such deposits shall be forfeited absolutely to the 
State if the bidder making the deposit shall fail or re- 
fuse to make and execute such contract and bond as is 
hereinafter required, within such time as the commis- 



(13 

sion may require, which time shall also be stated in the 
advertisement. 

ISIS. Bids sen led and deposited— All bids shall be 
sealed and deposited with the secretary of State, to be 
by him delivered to the commission when they are in 
executive session, for the purpose of considering the 
same, when they shall be opened in the presence of the 
commission. 

1819. Bids opened, examined, and contract awarded. 
— The text-book commission shall meet at the time and 
place designated in such notice or advertisement, and 
take out the sample or specimen copies submitted upon 
which the bids are based. When the members have 
examined all books submitted until thoroughly satisfied, 
it shall be the duty of said text-book commission to meet 
in executive session to open and examine all sealed pro- 
posals submitted and received in pursuance of the notice 
or advertisement provided for in section 1815 of this 
Code. The commission shall then examine and carefully 
consider such bids or proposals and determine in the 
manner provided in the preceding sections of this article 
what book or books shall be selected for adoption, tak- 
ing into consideration the size, quality as to subject- 
matter, material, printing, binding, and the mechanical 
execution and price, and the general suitability for the 
purpose desired and intended; all books selected and 
adopted shall be written or printed in English. 

1820. Notification to publishers of contracts award- 
ed. — After their selection for adoption shall have been 
made, the said commission shall by registered letter 
notify the publishers or proposers to whom contracts 
have been awarded. 

1821. Contract; preparation, execution, and filing of. 
— The attorney-general of the State shall prepare the 



u 

said contract or contracts in accordance with the terms 
and provisions of this article, and the said contract shall 
be executed by the governor and secretary of State with 
the seal of the State attached upon the part of the State 
of Alabama, and the said contract shall be executed in 
triplicate, one copy to be kept by the contractor, one 
copy by the secretary of the text-book commission and 
copied in full in the minutes of said commission and 
one copy to be filed in the office of the secretary of 
State. 

1822. Bond of contractor; preparation, execution, 
and conditions of. — At the time of the execution of the 
contract aforesaid the contractors shall enter into a 
bond in the sum of not less than ten thousand dollars 
nor more than thirty thousand dollars, payable to the 
State of Alabama, the amount of said bond within said 
limits to be fixed by said commission conditioned for the 
faithful, honest, and exact performance of the contract, 
and shall further provide for the payment of reasonable 
attorney's fees in case of recovery in any suit upon the 
same, with three or more good, solvent sureties, actual 
citizens and residents of the State of Alabama, or any 
guaranty company authorized to do business in the 
State of Alabama may become surety on said bond. The 
attorney-general shall prepare said bond and approve 
the same. The said bond shall not be exhausted by a 
single recovery, but may be sued on from time to time 
until the full amount shall be recovered; and the said 
commission may at any time, by giving thirty days' 
notice, require additional security or additional bond, 
within the limits prescribed. 

1823. Deposits returned after execution of bond. — 
When any person, firm, or corporation shall have been 
awarded a contract and submitted therewith the bond as 
required in this article, the commission through its 
secretary shall so inform the treasurer of the State, and 



65 

the treasurer shall return such contractor the cash 
deposit made by him, and the commission through its 
secretary shall inform the treasurer of the names of the 
unsuccessful bidders or proposers, and the treasurer 
shall, upon receipt of this notice, return to them the 
amount deposited in cash by them at the time of the sub- 
mission of their bid. 

1824. Failure to execute contract or bond; conse- 
quence of. — Should any person, firm, company, or cor- 
poration fail or refuse to eexcute the contract and sub- 
mit therewith his bond as required by this article within 
thirty days of the awarding of the contract to him and 
(provided the mailing of the registered letter shall be 
sufficient evidence that the notice was given and re- 
ceived ) , the cash deposit will be deemed forfeited to the 
State of Alabama, and the treasurer shall place such 
cash deposit in the treasury of the State to the credit of 
the general school fund. 

1825. Recovery on bond for benefit of fund. — Any re- 
covery had on any bond given by any contractor shall 
inure to the benefit of the said fund of the State, and 
when collected shall be placed in the treasury to the 
credit of the said fund and be prorated among the sev- 
eral counties of the State. 

1826. Books furnished must be equal to specimens. 
— The books furnished under any contract shall at all 
times during the existence of the contract be equal to, 
in all respects, the specimens or sample copies furnished 
with bids. 

1827. Secretary of State preserves sample copies and 
furnishes to superintendent. — The secretary of State 
shall carefully preserve in his office as the standard of 
quality and excellence to be maintained in such books 
during the continuance of such contracts the specimens 

5 S L 



66 

or sample copies of all books which have been made the 
basis of any contract, together with the original bid or 
proposal, and the contractor shall also furnish each 
county superintendent of education like specimen or 
sample copies, which shall be preserved by him in like 
manner, and the same shall always be open to the in- 
spection of the public. 

1828. Contract and exchange price printed on back 
of books. — All contractors shall print on the back of 
each book the contract price, as well as the exchange 
price at which it is agreed to be furnished, but the books 
submitted as specimen or sample copies with the orig- 
inal bids shall not have the price printed on them before 
they are submitted to the commission. 

1829. Price of books for this State shall not exceed 
that of others. — The text-books commission shall not in 
any case contract with any person or publisher for the 
use of any books which are to be sold to patrons or used 
in any public school in this State at a price above or in 
excess of the price at which such book or books are fur- 
nished by said person or publisher under contract to any 
State, county, or school district in the United States 
under like conditions prevailing in this State and under 
this article. It shall be stipulated in each contract that 
the contractor has never furnished and is not now fur- 
nishing under contract any State, county, or school dis- 
trict in the United States where like conditions prevail 
as are prevailing in this State under this article, the 
same book or books as are embraced in said contract at 
a price below or less than the price stipulated in the 
said contract, and the said commission at any time they 
may find that any book has been furnished at a lower 
price under contract to any State, county, or school dis- 
trict aforesaid, shall sue upon the bond of said contract- 
or and recover the difference between the contract price 
and the lower price at which they find the book or books 



67 

have been sold, and in case a contractor shall fail to 
execute, specifically, the terms and provisions of his con- 
tract, said commission shall bring suit upon the bond 
of such contractor for the recovery of damages, the suit 
to be in the name of the State of Alabama, and the re- 
covery for the benefit of the public school fund. 

1830. Changing or altering contract. — The commis- 
sion and any contractor agreeing thereto may in any 
manner change or alter any contract, provided a major- 
ity of the commission shall agree to the change and 
think it advisable and for the best interest of the public 
schools of the State. 

1831. Majority controls. — In all matters unless oth- 
erwise provided a majority of said commission shall 
control. 

1832. State not liable to any contractor. — It shall 
always be a part of the terms and conditions of every 
contract made in pursuance of this article, that the 
State of Alabama shall not be liable to any contractor 
in any manner, in any sum whatsoever, but all such con- 
tractors shall receive their pay or consideration in com- 
pensation solely and exclusively derived from the pro- 
ceeds of the sale of books, as provided for in this article. 

1883. Old books exchanged for new.— The commis- 
sion shall stipulate in the contract for the supplying of 
any book as provided in this article that the contractor 
or contractors shall take up the school books now in use 
in this State, and receive the same in exchange for new 
books at a price not less than fifty per cent of the con- 
tract price. Such exchange period shall not continue 
longer than one year from the date of contract. Each 
person or publisher making a bid for the supplying of 
any book or books under this article shall state in such 



68 

bid or proposal the exchange price at which such book 
or books will be furnished. 

1834. Rejecting bids or proposals. — The text-book 
commission shall have and reserve the right to reject 
any and all bids or proposals if they shall be of opinion 
that any or all should for any reason be rejected. 

1835. Re-advertisement for bids. — In case the com- 
mission fails from among the bids or proposals to select 
or adopt any book or books upon any of the branches 
mentioned in previous sections of this article, they may 
re-advertise for sealed bids or proposals under the same 
terms and conditions as before, and proceed in their in- 
vestigations in all respects as they did in the first in- 
stance, and as required by the terms and provisions of 
this article. 

1836. Bids for copyright and manuscripts. — The 
commission may advertise for sealed bids or proposals 
from authors or publishers of text-books who have man- 
uscripts of books not yet published, for prices at which 
they will publish and furnish in book form such manu- 
scripts, or for prices at which they will sell such man- 
uscripts, together with the copyright with such books 
for use in the public schools of Alabama, proceeding in 
all respects in like manner as before. Before accepting 
or rejecting any manuscript it shall be the duty of the 
commission to take the manuscript and advertise for 
sealed bids or proposals for publishing the same in book 
form, in like manner as provided in this article, and 
under the same restriction and condition, and the con- 
tract may be let for the publication of all such books or 
for any one or more separately. The State itself shall 
not under any circumstances enter into any contract 
binding it to pay for the publication of any book or 
books, but in the contract with the owner of the manu- 
script it shall be provided that he shall pay the compen- 



69 

sation to the publisher for the publication and putting 
in book form the manuscript, together with the cost and 
expense of copyrighting the same; and provided that in 
all cases bids or proposals shall be accompanied with 
the cash deposit of from five hundred to twenty-five 
hundred dollars, as the commission may direct, and as 
previously provided in this article. 

1837. Manuscripts or printed form of matter pro- 
posed to be incorporated in book. — Any person, firm, or 
corporation now doing business, or proposing to do bus- 
iness in the State, shall have the right to bid for the 
contract to be awarded under this article in the manner 
as follows : In response to the advertisement, when 
made as hereinabove provided, said person, firm, or cor- 
poration may submit in writing bid or bids to edit or 
have edited, publish and supply for use in the public 
schools in this State, any book or books herein provided 
for, provided that instead of filing with said bid or pro- 
posals a sample or specimen copy of each book pro- 
posed to be furnished, he may exhibit to the commission 
a manuscript or printed form of the matter proposed to 
be incorporated in any book, together with such s* 
description and illustration of the form and style there 
of as would be fully intelligible and satisfactory to said 
commission, or they may submit a book or books, the 
equal of which in every way they propose to furnish, 
and they shall accompany their bid or proposal with the 
cash deposit and execute a contract and bond as herein- 
before provided. 

1838. Proclamation of governor announcing con- 
tract. — As soon as said commission shall have entered 
into a contract or contracts for the furnishing or sup- 
plying of books for use in the public schools in this 
State, the governor shall issue his proclamation an- 
nouncing such facts to the people of the State. 



70 

1839. Three depositaries or places of sale iil each 
county. — The party or parties with whom the contract 
shall be made shall place their books on sale at not less 
than three places in each county of the State for the 
distribution of the books to the patrons, and the con- 
tractor shall be permitted to make arrangements with 
a merchant or other person for the handling and distri- 
bution of the books. 

1840. Contract price printed on books. — All books 
shall be sold to the consumer at the retail contract 
price, and in each book shall be printed the following: 
(The price fixed herein is fixed by State contract and 
deviations therefrom shall be reported to your county 
superintendent of education or the State superintendent 

• at Montgomery). Should any party contracting to fur- 
nish books as provided for fail to furnish them or other- 
wise breach his contract, in addition to the right of the 
State to sue on his bond hereinabove required, the 
county superintendent of any county may sue, in the 
name of the State of Alabama, in any court of compe- 
tent jurisdiction in the county in which he resides, for 
the use and benefit of the school fund of the county; 
provided that the right of action of the county superin- 
tendent shall be limited to breaches of the contract com- 
mitted in the county of his residence. In all cases under 
this article service of process may be had and deemed 
sufficient on any agent of the contractor in this State. 

1841. Distribution of books. — The commission shall, 
from time to time, make any necessary regulations to 
secure the prompt distribution of the books provided for 
in this article, and the prompt and faithful execution of 
all contracts. 

1842. Commission continues for five years; new 
commission appointed. — Said commission shall main- 
tain its organization for five years, and at the end of 



71 

said period of five years the governor shall name a sim- 
ilar commission with like powers and a like term as the 
first named commission. 

1843. List of books, agencies, and prices furnished to 
county superintendent of education. — As soon as pract- 
icable after the adoption, provided for in this article, 
the State superintendent of education shall issue a cir- 
cular letter to each county superintendent of education 
and each teacher in the State, and to such others as he 
may desire to send it, which letter shall contain the list 
of books adopted, the prices, location of agencies, the 
manner of distribution, and such other information as 
he may deem necessary. 

1814. Supplementary text-books; books for higher or 
more advanced studies. — As soon as the existing con- 
tract for books expires the books adopted as a uniform 
series of text-books for the next five years shall be in- 
troduced and used as text-books to the exclusion of all 
others in all the public free schools in this State. Sup- 
plementary books shall be used, but such books shall not 
be used to the exclusion of the books prescribed or 
adopted under the provisions of this article. Higher or 
more advanced branches may be taught than provided 
in this article, but such higher branches or books shall 
not be taught to the exclusion of the branches or books 
mentioned in this article. 

1815. Other books used upon failure to furnish 
those adopted. — The patrons of the public schools 
throughout the State may procure books in the usual 
way in case no contract shall be made, or the contractor 
fails or refuses to furnish the books provided for in this 
article at the time required for their use in the respec- 
tive schools. 

1816. Appropriation. — The sum of three thousand 
dollars, or so much thereof as may be necessary, to be 



paid out of the moneys in the treasury not otherwise 
expended, is appropriated for the purpose of paying the 
costs and expenses of carrying into effect the provisions 
of this article. 

1847. Compensation of commissioners. — The gov- 
ernor and superintendent of education shall serve on the 
commission without compensation, and the other mem- 
bers of the commission shall be paid the sum of four 
dollars per day during the time they are actually en- 
gaged, and in addition shall receive ten cents per mile 
for each mile traveled from their homes to their place of 
meeting and return thereto, to be paid out of the funds 
appropriated by the preceding section, and they shall 
each make and swear to a statement of the number of 
miles traveled and the number of days actually engaged. 

1848. Clerk of commission; compensation of. — The 
commission may appoint a clerk who shall have three 
dollars per diem during the time he is actually engaged 
and the same mileage as is allowed the members of the 
commission. 

1849. Books adopted continue for five years. — The 
adoption made as provided for in this article shall con- 
tinue for five years from the expiration of the existing 
contract, unless otherwise provided. 

1850. Failure to furnish books; contract for unex- 
pired term. — In case of the failure of any contractor to 
furnish the books as provided in his contract, his bond 
shall be declared forfeited, and the State school-book 
commission may make such other contract for the unex- 
pired term with another person to provide such books 
as they may deem advisable for the best interest of the 
State, 

(See Criminal Provision, Sections 7751, 7752 and 
7753, pages 38-40 of this pamphlet.) 



ARTICLE 19. 
Election for Special Tax for Public Schools. 

1851. Petition for call for election. — Upon a petition 
signed by two hundred or more qualified electors of the 
county who are also freeholders, to the court of county 
commissioners, or court of like jurisdiction in any coun- 
ty within the State of Alabama, the said court shall 
order an election to determine whether or not a special 
tax shall be levied for the support of the public schools 
within said county as hereinafter provided ; but only one 
such election shall be held in any two years. 

1852. Notice and publication. — There shall be made 
publication of the same in some newspaper within the 
county, which publication shall show the rate of such 
proposed tax, the time it is proposed to be continued, 
and the purpose for which the levy is proposed to be 
made. 

1853. Managers and officer* of election as in general 
election. — The inspectors and officers of the election 
shall be appointed and such elections shall be held and 
the result of said elections shall be declared in the same 
manner and by the same officers as is the result of the 
regular elections for county officers under the general 
laws of the State. 

1851. Qualified electors, etc. — All persons who are 
at the time of such election qualified electors in the 
county where such election is held under the laws and 
constitution of Alabama then in existence, shall be qual- 
ified electors to participate therein. 

1855. Ballot; form and, manner of voting.— The 
court of county commissioners, or court of like juris- 
diction, shall provide a sufficient number of ballots for 



74 

each voting precinct within said county, and at the top 
of each ballot shall be printed the rate of such proposed 
tax, the time it is to be continued, and that the purpose 
is for the support of the public schools, and directly un- 
derneath in plain type shall be printed on different lines 
the words, "For proposed taxation," "Against proposed 
taxation," and a place must be left directly to the left 
of each line thereof, and the voters favoring the pro- 
posed taxation will make a cross mark directly to the 
left of the line "For proposed taxation," and the voter 
not favoring proposed taxation will make a cross mark 
directly to the left of the line "Against proposed taxa- 
tion." 

1856. Special tax levied and assessed. — If three- 
fifths of those voting at said election have voted for the 
proposed taxation, the court of county commissioners, 
or court of like jurisdiction, shall levy said special tax, 
and cause the tax assessor to assess the same on the tax- 
able property in said county, which shall not exceed ten 
cents on each one hundred dollars of taxable property 
in said county ; but the rate of such special tax shall not 
increase the rate of taxation, State and county com- 
bined, in any one year, to more than one dollar and 
twenty-five cents on each one hundred dollars of taxa- 
ble property in said county, but all special county taxes 
^or public buildings, roads, bridges, and the payment of 
debts existing at the ratification of the constitution of 
1875 shall not be included in the aforesaid one dollar 
and twenty-five cents on the one hundred dollars of tax- 
able property. 

1857. Time tax continues. — The time such special 
tax may continue shall not be less than two years. 

1858. Tax; how collected and disbursed. — The tax 
collector shall collect such special tax in the same man- 
ner and under the same requirements and laws as taxes 



75 

of the State are collected, and he shall keep said amount 
separate and apart from all other funds, and keep a 
clear and distinct account thereof, showing what 
amount is paid by the negro race and what amount is 
paid by the white race, and turn the same over to the 
county superintendent of education, whose duty it shall 
be to receipt therefor and apportion the same to the 
various schools throughout the county in the same man- 
ner as the general school fund from the State are ap- 
portioned in said county; provided, that the school 
terms of the respective schools shall be extended by such 
supplement as nearly the same length of time as pract- 
icable. 

1859. Election held at time for general election; 
costs of such election.— The election hereinbefore pro- 
vided for may be had at the time of holding any regular 
election within the county, and if held at such time the 
inspectors and officers of the general election shall con- 
duct at the same time the election herein provided for; 
and for such services they shall receive no compensation 
other than that allowed them for the holding of the 
general election ; but if such an election is had at any 
other time than that of holding a regular election with- 
in the county, then the election officers shall receive the 
same pay as that for holding a general election. 

1860. Compensation of tax collector, tax assessor, 
and county superintendent of education. — The tax col- 
lector, tax assessor, and county superintendent of edu- 
cation shall receive for the services required of them 
under the provisions of this article the same per cent of 
the funds handled as they receive for like services as to 
general taxes. 



ARTICLE 20. 
High Schools for Counties. 

1861. High school commission to locate and estab- 
lish. — The governor, auditor, and superintendent of 
education shall constitute a commission to locate one 
high school in each of the counties of this State; pro- 
vided, that a high school shall not be established under 
the provisions of this article in any county in which 
there is already established an agricultural school, nor- 
mal school for white people, the Polytechnic Institute, 
the University of Alabama, the Industrial School for 
White Girls, or a high school free to all the children of 
the county, until after a high school has been established 
in all the other counties. 

1862. Sites procured; annual donations paid quar- 
terly. — For any county in which the citizens thereof 
shall secure a suitable site, which shall consist of not 
less than five acres of land the title to the surface of 
which shall be in fee (but the land need not include 
mineral rights), and erect thereon a good and substan- 
tial building with all the necessary equipments for a 
high school, the cost of said land, building, and equip- 
ments to be not less than five thousand dollars, and upon 
making a deed to the State of Alabama of said land, 
building, and equipment, there shall be appropriated 
out of any money in the treasury not otherwise appro- 
priated the sum of two thousand dollars for the pay- 
ment of the teachers in said high school or high schools 
complying with the provisions of this article, and this 
appropriation is hereby made to continue annually, the 
same to be paid quarterly upon warrants drawn by the 
county board of education in the county in which said 
high school is located, said warrant or warrants to be 
subject to the approval of the commission hereinbefore 
created; provided further, that none of said two thou- 



1 1 

sand dollars shall be devoted to any other purpose what- 
ever than the payment of teachers' salaries. 

1863. High schools controlled by high school com- 
mission and county board of education. — Said school or 
schools as hereinbefore established shall be under the 
direction and control of the said commission as a board 
of trustees in connection with the board of education in 
the county in which said high school is located. 

1804. Free schools and office of trustee not abol- 
ished. — Nothing- in this article shall be so construed as 
to abolish any free school in any district, or the office 
of trustee in any district in which said high school may 
be located. 

1865. Qualifications and eligibility of teachers and 
students. — No teacher shall be eligible to teach in any 
high school established under the provisions of this 
article, unless holding a first-grade or life certificate. 
Nor shall any student be eligible to entrance into said 
high school unless said student can pass a satisfactory 
examination in the branches of free public instruction in 
the elementary schools of his or her county. Such 
schools shall be open to students of the white race re- 
gardless of age who have complied with the provisions 
of this section. 

1866. Course of study. — A course of study for such 
school or schools shall be provided and required by the 
superintendent of education ; such course of study shall 
consist of secondary branches of study. 

1867. Matriculation fee — A matriculation fee of one 
dollar may be charged to each student to defray neces- 
sary expenses during each term. 



J8 

1868. When article goes into effect. — This article 
shall not go into effect until the governor shall decide 
that the condition of the treasury will admit of the ap- 
propriation herein made. 



Information Kelative to the Establishment of 
County High Schools. 

1. Under an Act approved August 7, 1907, a high 
school is to be established in each county of the State by 
a commission composed of the governor, the auditor and 
superintendent of education. Under the terms of the 
act the provisions of the same are to go into effect when 
the governor shall decide that the condition of the treas- 
ury will admit of the appropriation. The governor has 
decided that the State will be able to bear the appropri- 
ation foi the year beginning Oct. 1, 1908, but that the 
commission can and will begin at once on the task of 
locating the high schools in the various counties. 

2. Under the provisions of the law a high school can- 
not be established in any county in which there is an 
agricultural school, a normal school for white people, 
the University, the Polytechnic Institute, the Industrial 
School for White Girls or a high school free to all the 
children of a county, until after a high school has been 
established in all the other counties. 

3. The high school commission will hold that the 
county high school must be separate and apart in every 
tvay from the regular district or local school in which 
are taught primary and intermediate grades. 

4. All applications by communities for the locating 
of county high schools should be in writing (typewrit- 
ten, if convenient) and should set out in full the amount 
of money which will be given, the plans of the building 
to be erected, the nature of the equipment proposed and 



79 

such other general matters as would be of aid to the 
high school commission in selecting a location. 

5. Under the terms of the law at least five acres of 
land must be secured as a site for the high school build- 
ing and the deed to the same must be made to the State. 
This deed, of course, need not be made until the school 
is located. 

6. The high school commission will consider the 
|5,000 mentioned in section two of the law as a mini- 
mum requirement for the consideration of an applica- 
tion. They will in passing on applications take into 
consideration increased donations of land and increased 
funds for buildings and for equipment, also the health- 
fulness of the locality and the school population acces- 
sible — the idea being to locate the school where it would 
be of the "greatest good to the greatest number." 

7. The State will appropriate $2,000 annually for 
the payment of teachers in the high school. As this 
amount with the matriculation fee of one dollar to de- 
fray necessary incidentals, will not be sufficient to sus- 
tain a first class high school, it will be expected that 
communities will agree to supplement the fund so as 
to procure a teaching force creditable alike to the coun- 
ty and to the State. 

8. The high school commission will consider only 
applications in writing, and will notify parties inter- 
ested when a hearing can be had, should one be desired. 

9. No funds from the State will be allowed to any 
high school located by the commission until the build- 
ing and equipment have been inspected by either the 
commission itself or some one delegated by it and it has 
been found that the building and the equipment are such 
as are necessary for the sustaining of a first class high 
school 



80 

10. All applications should be filed with Supt. Harry 
O. Gunnels, the Secretary of the Commission. 



/£ ^> 




■afa-&i§r* 



Governor. 



C4- clot,**'* 

Auditor. 




Supt. of Education. 

(Pamphlets containing the Utiles and Regulations 
for the Government of the County High Schools may 
be obtained from the Department of Education.) 



ARTICLE 21. 

University of Alabama. 

1869. (3667) (1058) (1295) Incorporation of uni- 
versity. — The governor and the superintendent of edu- 
cation, by virtue of their respective offices, and the trus- 
tees heretofore appointed from the different congres- 
sional districts of the State under the provisions of sec- 
tion 264 of the constitution, and such other members as 
may be from time to time added to the board of trus- 



81 

tees, and their successors in office, are constituted a body 
corporate under the name of "The board of trustees of 
the University of Alabama," to carry into effect the pur- 
poses and intent of the congress of the United States in 
the grant of lands by the act of April 20, 1818, and of 
the act of March 2, 1819, to this State, to be by it held 
and administered for the benefit of a seminary of learn- 
ing. 

1870. (3668) (1059) (1296) (lateral powers, du- 
ties, and liabilities of such corporation. — Such corpora- 
tion shall have all the rights, powers, and franchises 
necessary to or promotive of the end of its creation, and 
shall be charged with all the corresponding duties, lia- 
bilities, and responsibilities. 

1871. (3669) (1060) (1297) Power of holding and 
disposing of property. — Such corporation may hold, and 
may lease, sell, or in any other manner not inconsistent 
with the object or terms of the grant or grants under 
which it holds, dispose of any property, real or personal, 
or any estate or interest therein, remaining of the orig- 
inal or any subsequent grant by congress, or by this 
State or by any person, or accruing to the corporation 
from any source, including also the proceeds of the 
"University Fund," as to it may seem best for the pur- 
poses of its institution. 

1872. (3670) (1061) (1298) University fund de- 
fined; credit of State pledged for payment of interest. 
— The fund designated in the preceding section as the 
"University Fund" consists of the sum of thirty-six 
thousand dollars per annum as interest on the funds of 
the University of Alabama, heretofore covered into the 
treasury, for the maintenance and support of said insti- 
tution, which said sum of thirty-six thousand dollars 
shall be paid to the duly authorized agent of the uni- 
versity as hereinafter provided ; and the further sum of 

6SL 



82 

twenty-five thousand dollars, annually, is added to and 
made a part of the university fund. 

1873. (3671) (1062) (1299) When gift or grant 
not affected; what not a forfeiture. — No grant or gift, 
by will or otherwise, shall fail on account of any mis- 
nomer or informality, when the intention of the grantor 
or donor can be ascertained ; nor shall any default, mal- 
feasance on the part of the trustees or other officers or 
agents of such corporation, work a forfeiture of any of 
its rights, powers, privileges, or franchises. 

1874 (3672) (1063) (1300) Rights, etc., of univer- 
sity continued in corporation. — In addition to the 
rights, properties, privileges, and franchises herein 
granted, all rights, properties, privileges, and franchises 
heretofore, by any act of the legislature, granted to or 
vested in the University of Alabama, shall vest and con- 
tinue in such corporation. 

1875. (3673) (1064) (1301) Powers of hoard of 
trustees; no exclusion from benefit of "University 
Fund" etc. — The board of trustees have the power to 
organize the university by appointing a corps of in- 
structors, who 'shall be styled the faculty of the univer- 
sity, and such other officers as the interest of the univer- 
sity may require; to remove such instructors or officers, 
and to fix their salaries or compensation, and increase 
or reduce the same at their discretion ; to institute, reg- 
ulate, alter, or modify the government of the university, 
as they may deem advisable; to prescribe courses of in- 
struction, rates of tuition, price of board, and regulate 
the necessary expenses of students; and to confer such 
academic and honorary degrees as are usually conferred 
by literary institutions. They may delegate to the fac- 
uty of the university, or other officers, such powers and 
functions in the government of the students, and in the 
administration of the affairs of the university, as they 



S3 

may deem proper; but in no case shall any person be 
authorized to receive, hold, or disburse any funds of the 
university without having first given bond, conditioned 
for the faithful discharge of his duties; and no person 
shall be excluded from the full benefit of the university 
fund, or placed at any disadvantage in the pursuit of 
his studies, who possesses the requisite literary and 
other qualifications, and is willing to submit to the dis- 
cipline prescribed the students. 

1876. (3671, 3G75) (10G5, 1066) (1302, 1303) Class- 
ification of trustees; term and oath of office. — The State 
university shall be under the control of the board of 
trustees, which shall consist of two members from the 
congressional district in which the university is located, 
and one from each of the other congressional districts 
in the State, the superintendent of education, and the 
governor, who shall be ex officio president of the board. 
The members of the board of trustees, as now constitu- 
ted, shall hold office until their respective terms expire 
under existing law, and until their successors shall be 
elected and confirmed, as hereinafter required. Suc- 
cessors to those trustees whose terms expire in nineteen 
hundred and two shall hold office until nineteen hun- 
dred and seven ; successors to those whose terms expire 
in nineteen hundred and four shall hold office until 
nineteen hundred and eleven; successors to those trus- 
tees whose terms expire in nineteen hundred and six 
shall hold office until nineteen hundred and fifteen ; and 
thereafter their successors shall hold office for a term 
of twelve years. When the term of any member of such 
board shall expire, the remaining members of the board 
shall, by secret ballot, elect his successor, provided, that 
any trustee so elected shall hold office from the date of 
his election until his confirmation or rejection by the 
senate, and, if confirmed, until the expiration of the 
term for which he was elected, and until his successor 
is elected. At every meeting of the legislature the 



81 

superintendent of education shall certify to the senate 
the names of all who have been so elected since the last 
session of the legislature and the senate shall confirm or 
reject them, as it shall determine is for the best interest 
of the university. If it reject the names of any mem- 
ber it shall thereupon elect trustees in the stead of those 
rejected. In the case of a vacancy on said board by 
death or resignation of a member, or from any cause 
other than the expiration of his term of office, the board 
shall elect his successor, who shall hold office until the 
next session of the legislature. When the name of a 
successor or successors elected by said board to fill the 
vacancy or vacancies so occasioned shall be certified by 
the superintendent of education to the senate, and the 
senate shall confirm or reject, as it shall determine is 
for the best interest of the university ; and if confirmed 
by the senate, the person or persons so elected to fill said 
vacancy shall hold office for the unexpired term to 
which he is so elected. If the senate rejects the name of 
any person to fill said vacancy, it shall thereupon elect 
some person or persons in the stead of those rejected. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of his 
duties as such. 

1877. (3676) (1067) (1301) Quorum of board of 
trustees; president pro tempore. — Five members of the 
board of trustees, exclusive of the ex-officio members, 
shall constitute a quorum, and every member present 
shall be required to vote, and a majority of those pres- 
ent shall govern. At their first meeting, the board shall 
elect one of their number president pro tempore, who 
shall preside in the absence of the governor, and shall 
hold the position until the next annual or special meet- 
ing, when another president pro tempore shall be elect- 
ed. 



85 

1878. (3677) (1068) (1303,1304) Time and place of 
meetings of trustees. — The board of trustees shall meet 
at least once in each year, and on the last Wednesday in 
June, unless some other day is selected by them, and 
they may, by ordinance or resolution adopted by them, 
prescribe other regular times for meeting. At such meet- 
ings they may continue in session as long as they may 
deem proper for the welfare of the institution, and may 
at any session appoint a special or adjourned meeting. 
Upon the written application of four members, or of any 
three members with his concurrence, the president pro- 
tempore shall appoint a special meeting, and issue 
notice thereof to the several members; but such special 
meeting shall not be appointed for a day less than 
twenty days subsequent to the date of the notice. In 
case there is no president pro tempore of the board, or 
in case he is incapacitated to act, then the governor, as 
president of the board, shall, upon the written applica- 
tion of four members, in like manner call such special 
meeting. Regular meetings of the board must be held 
at the university, but special or adourned meetings may 
be held at the university or in the city of Montgomery, 
or in the city or Birmingham. 

1879. (3678) (1069) (1305) Procedings of board 
recorded, employment of secretary; payment of ex- 
penses, etc. — The proceedings of* the board of trustees 
must be recorded in a substantially bound book, which 
must be kept in the archives of the university; and the 
board may at any meeting employ a secretary. The cer- 
tificate of the president, or in his absence, of the presi- 
dent pro tempore, countersigned by the secretary, if 
there be one, shall entitle the several trustees to their 
constitutional pay out of the treasury of the university; 
and the compensation of the secretary and the necessary 
incidental expenses of the board at each session shall be 
paid on the order of the board, and the certificate of the 



86 

president, or president pro tempore, as the case may be, 
out of such treasury. 

1880. (3679) (1070) (1306) Report by board to the 
legislature. — It shall be the duty of the board of trus- 
tees to make to the legislature, at each session thereof, 
a full report of their transactions, and of the condition 
of the university, embracing an itemized account of all 
receipts and disbursements on account of the university 
by those charged with the administration of its finances. 

1881. (3681) (1072) (1309) (430) (384) Interest 
on "University fund" ; how payable. — The State treas- 
urer must quarterly, on the last day of December, 
March, June, and September of each year, pay the "uni- 
versity fund," as defined by section 1872 (3670) of this 
Code, to the treasurer or any authorized agent of the 
university; and on the application of such treasurer or 
agent, the State auditor shall draw his warrant on the 
State treasurer for the amount due; such payments to 
commence on the days specified after the present consti- 
tution became operative. 

1882. (3682) (1073) (1308) Right reserved to the 
legislature to revise and amend. — The right is reserved 
to the legislature to revise or amend the provisions of 
this article, and in virtue of the character of the trust 
conferred by the act of congress, to intervene, and, by 
special enactment, to direct and control the board of 
trustees in the discharge of their duties and functions. 

1883. (3683) Law department to receive second-hand 
text-books from state library. — The justices of the su- 
preme court are authorized from time to time to set 
apart and turn over to the law department of the uni- 
versity, copies of such second-hand or superseded law 
books, known as text-books, as they may deem expedient. 



87 

the marshal and librarian taking proper receipts there- 
for. 

1884. (3684) Law department must be supplied with 
Codes. — The secretary of state shall supply to such law 
department ten copies of the Code of Alabama and ten 
copies of the acts of the legislature, and ten copies of 
each volume of the current reports of the supreme court, 
as the same may, from time to time, be published. 

1885. (3685) Police of grounds; appointment, pow- 
ers, and duties. — The president of the university has 
authority to appoint or employ one or more suitable 
persons to act as police officers to keep off intruders and 
prevent trespass upon and damage to the property of 
the university. Such person shall be charged with all 
the duties and invested with all the powers of police 
officers, and may eject trespassers from the university 
buildings and grounds, and may, without warrant, 
arrest persons guilty of disorderly conduct, or of tres- 
pass on the property of the institution, and carry them 
before the nearest justice of the peace or other officer 
charged with the trial of such offenders, before whom, 
upon proper affidavit charging the offense, such person 
so arrested may be tried and convicted as in case of 
persons brought before him on a warrant ; and such 
officer or officers shall have authority to summon a 
posse comitatus. 

1880. Lands, sale, tease, or other disposition pro- 
vided for. — The board of trustees of the University of 
Alabama may sell, lease, or otherwise dispose of, all or 
any part of such land as has been or may be selected 
under and by virtue of an act of congress entitled, "An 
act to increase the endowment of the University of Ala- 
bama from the public lands in said state," approved 
April 23, 1884; and may sell said lands or any interest 
therein or part thereof for such prices and upon such 



88 

terms as to them may seem proper. Such sales may be 
for cash or for part cash, and the said board of trustees 
of the University of Alabama shall not be limited by any 
statute heretofore enacted as to what part of the pur- 
chase price of such lands which they have heretofore 
sold or may hereafter sell shall be in cash, but the per 
cent of the purchase price of such lands that may have 
been or shall be in cash, shall be such as said board of 
trustees of the University of Alabama may agree upon 
with the purchaser or purchasers. 

1887. Executive committee created and authorized 
to act. — The board of trustees of the University of Ala- 
bama may create an executive committee consisting of 
three or more of the trustees composing the said board 
upon which committee it may confer full power and 
authority to lease, sell, and convey such lands or any 
part thereof, or any interest therein, as fully as said 
board of trustees of the University of Alabama could 
itself do. 

1888. Sales, leases, etc., ratified and confirmed. — All 
sales, agreements to sell, leases, and other dispositions 
of such lands, or any part thereof f or any interest there- 
in, heretofore made or attempted to be made by the 
board of trustees of the University of Alabama, or by 
any executive committee by it created, irrespective of 
the per cent of the purchase price which may have been 
paid in cash, are ratified and confirmed, and shall be 
binding upon the board of trustees as fully as if the 
same were made after the 28th day of February, 1907, 
and in cases where the same were made by an executive 
committee, as if the same were made by the board of 
trustees of the University of Alabama. 

1889. Medical department of the University of Ala- 
bama. — The corporation styled the Medical College of 
Alabama is dissolved, and the institution heretofore 



89 

known as the Medical College of Alabama is consti- 
tuted the Medical Department of the University of Ala- 
bama, and shall hereafter be under the sole manage- 
ment, ownership, and control of the board of trustees of 
the University of Alabama; but the said Medical 
Department shall remain at Mobile for all time. All 
appropriations of moneys which may hereafter be made 
in aid of the medical college shall enure to the benefit of 
the said Medical Department of the University of Ala- 
bama, and shall be paid to the trustees of the University 
of Alabama for the use and benefit of said Medical 
Department at Mobile, Alabama. 

1800. Quadrennial appropriations. — For the quad- 
rennial period beginning on the first day of January, 
1907, the sum of one hundred thousand dollars is appro- 
priated annually for the purpose of making needed 
improvements in the material equipment of said univer- 
sity, including the erection and furnishing of new build- 
ings and the necessary repairs and furnishings for the 
buildings now in existence. 

1891. Payment of appropriations in quarterly install- 
ments; exception. — The moneys appropriated by the 
preceding section shall be paid by the State treasurer in 
equal quarterly installments on the first day of January, 
April, July, and October to the treasurer of the Univer- 
sity of Alabama upon warrants which shall be drawn by 
the State auditor as warrants are drawn for other 
appropriations to the University, but the appropriation 
of one hundred thousand dollars made in the preceding 
section shall not be available, and the State auditor 
shall not draw his warrant for any part of said sum, 
except upon the requisition of the board of trustees of 
the University of Alabama, or the president thereof, 
approved by the governor. 



90 

1892. Report must show manner and purpose for 
which funds expended. — The board of trustees of the 
University of Alabama shall embody in the report re- 
quired by law to be made to the legislature a statement 
showing the manner in which, and for what purpose, the 
funds provided in this article have been expended. 



ARTICLE 22. 

Cement Laboratory. 

1893. Testing laboratory for cements. — The testing 
laboratory of the University of Alabama is the official 
testing laboratory for cements and other materials of 
construction. 



ARTICLE 23. 

Summer School. 

1894. Summer school at university established. — The 
trustees of the University of Alabama may establish at 
that institution a school to be known as the summer 
school for teachers, at which during the summer months 
instruction shall be given in all the public school 
studies, and in such other studies as may be necessary to 
better prepare teachers for efficient service in the public 
schools of this State. 

1895. Annual appropriation. — For the maintenance 
of the summer school for teachers, the sum of five thou- 
sand dollars is appropriated annually. 

1896. Appropriation ; hoio and when paid. — The sum 
of five thousand dollars shall, on the first day of July 
of each year, be paid by the State treasurer to the treas- 



(J I 

urer of the University of Alabama, on warrants drawn 
by the State auditor as warrants are drawn for other 
appropriations to the university. The trustees of the 
university shall report in writing to the legislature 
at each regular session thereof the manner in which the 
appropriation has been expended. 

1897. Matriculation or tuition fee. — No matricula- 
tion or tuition fee shall be charged to Alabama teachers, 
and no incidental fee exceeding three dollars per session 
shall be charged any Alabama teacher. 

1898. Examinations conducted by state board of 
examiners annually. — The State board of examiners for 
teachers shall conduct or have conducted, annually, at 
the university, at the close of the summer school for 
teachers, an examination for the convenience of teachers 
attending that school. The examination shall be equal 
in all respects to the regular examination required by 
law. The same fees shall be charged, and the examina- 
tion shall be conducted under the same rules and reg- 
ulations. 



ARTICLE 24. 

Alabama Polytechnic Institute. 

1899. (3686) (1074) Incorporation of the Alabama 
Polytechnic Institute. — The governor and the superin- 
tendent of education, by virtue of their respective offi- 
ces, and the trustees appointed from the different con- 
gressional districts of the State, under the provisions of 
section 266 of the constitution of 1901, and their suc- 
cessors in office, are constituted a body corporate under 
the name of "The Alabama Polytechnic Institute," to 
carry into effect the purpose and intent of the congress 
of the United States in the grant of lands by the act of 
July 2, 1862. 



92 

1900. (3687) (1075) General powers, duties, and 
liabilities of institute. — Such corporation shall have all 
the rights, privileges, and franchises necessary to a pro- 
motion of the end of its creation, and shall be charged 
with all corresponding duties, liabilities, and responsi- 
bilities. 

1901. (3688) (1076) Credit of State pledged to pay- 
ment of interest. — For the payment of the interest, at 
the rate of eight per cent per annum, on the fund of two 
hundred and fifty-three thousand and five hundred dol- 
lars, arising from the sale of the script for the land 
donated in trust to this State by the act of congress of 
July 2, 1862, the faith and credit of the State are for- 
ever pledged. 

1902. (3689) (1077) Powers of board of trustees.— 
The board of trustees have the power to organize the 
institute by appointing a corps of instructors, who shall 
be styled the faculty of the institute, and such other 
instructors and officers as the interest of the institute 
may require; and to remove any such instructors or 
other officers, and to fix their salaries or compensation, 
and increase or reduce the same at their discretion; to 
regulate, alter, or modify the government of the insti- 
tute as they may deem advisable ; to prescribe courses of 
instruction, rates of tuition, and fees; to confer such 
academic and honorary degrees as are usually conferred 
by institutions of similar character ; and to do whatever 
else they may deem best for promoting the interest of 
the institute. They shall also establish and maintain a 
military department in the institute, and elect a com- 
mandant and such other officers as may be necessary for 
the department. 

1903. (3690) (1078) Classification of trustees.— 
The trustees of the institute are divided into three 
classes, as folloAvs : The trustees from the fourth, fifth, 



93 

seventh, and ninth districts shall constitute the first 
class; those from the eighth, sixth, and second districts 
shall constitute the third class; and they shall hold 
office, and their seats be vacated as prescribed by section 
26G of the constitution. 

1904. (3691) (1079) Vacancy in office of trustee: 
how plied; term of appointee. — Any vacancy in the of- 
fice of trustee, occurring- during the recess of the legis- 
lature, shall be filled by appointment of the governor, 
such appointee to hold until the next session of the leg- 
islature thereafter; such vacancy shall be filled by the 
governor, by and with the consent of the senate; and any 
trustee appointed to fill a vacancy by the governor, by 
and with the consent of the senate, shall hold during the 
unexpired term. 

1905. (3692) (1080) Time and place of meetings of 
trustees. — The board of trustees shall hold their meet- 
ings at the institute on the last Monday in June of each 
year, unless the board shall, in regular session, deter- 
mine to hold its meetings at some other time or place; 
and upon the application iu writing of any four mem- 
bers of the board, the governor shall appoint a special 
meeting, naming the time and place thereof, and cause 
notices thereof to be issued to the several members of 
the board, but such meeting shall not be appointed for a 
day less than twenty days subsequent to the date of the 
notice. 

1906. (3693) (1081) Quorum, of board of trustees.— 
Six members of the board of trustees shall constitute 
a quorum, but a smaller number may adjourn from day 
to day until a quorum is present. 

1907. (3694) (1082) Payment of expenses to trus- 
tees. — The certificate of the president of the board, or, 
in his absence, of the president pro tempore, counter- 



94 

signed by the secretary, shall entitle the several trustees 
to the payment of their actual expenses incurred in the 
discharge of their duties as such trustees. N 

1908. (3695) (1083) When gift or grant not affect- 
ed; what ivill not operate a forfeiture. — No grant or 
gift, by will or otherwise, shall fail on account of any 
misnomer or informality, when the intent of the grantor 
or donor can be arrived at; nor shall any default mal- 
feasance, or misfeasance, or non-user, on the part of the 
trustees, or other officers or agents of such corporation, 
work a forfeiture of any of its rights, privileges, pow- 
ers, or franchises. 

1909. (3696) (1084) Report of trustees to legisla- 
ture. — It shall be the duty of the board of trustees to 
make, or cause to be made to the legislature, at each ses- 
sion thereof, a full report of their transactions, and of 
the condition of the institute, embracing an itemized 
account of all receipts and disbursements on account of 
the institute by those charged with the administration 
of its finances. 

1910. (3697) (1085) Interest paid by treasurer; 
when bond required of officers or agents. — The State 
treasurer must pay the interest on the fund of two hun- 
dred and fifty-three thousand and five hundred dollars 
arising from the sale of land script quarterly, as the 
same may accrue to the treasurer or other authorized 
agent or officer of the institute ; and on the application 
of the treasurer, agent, or officer, the State auditor shall 
draw his warrant on the State treasurer for such inter- 
est; but in no case shall any person be authorized to re- 
ceive, hold, or disburse any fund of the institute, with- 
out first having given bond conditioned for the faithful 
performance of his duties. 



95 

1911. Appropriation in lieu of fertilizer tag tax; how 
paid. — In lieu of the share of the proceeds arising from 
the sale of fertilizer tags heretofore paid to the Alabama 
Polytechnic Institute, the sum of thirty-two thousand 
dollars for one year 1907-1908, thirty-six thousand dol- 
lars for the year 1908-1909, thirty-eight thousand dol- 
lars for the year 1909-1910, and thereafter forty thou- 
sand dollars annually is appropriated to said institute, 
and the funds thus appropriated shall be paid out of any 
funds in the treasury of the State not otherwise appro- 
priated, which appropriation shall be paid on the requi- 
sition of the president and treasurer of said institute, 
upon the approval of the governor. 



ARTICLE 25. 

Alabama Industrial School for Girls. 

1912. Corporate name; rights and powers of. — ''The 
Alabama Girls' Industrial School," heretofore estab- 
lished at Montevallo, is a body corporate under the cor- 
porate name of "Alabama Girls' Industrial School," and 
by that name may sue and contract, take and hold real 
and personal property, and have all the powers of a cor- 
poration established to carry on a State educational in- 
stitution of the highest grade and rank. 

1913. Trustees; term of office; vacancy; how plied. 
— The corporation and school shall be governed by a 
board of trustees composed of the governor, the superin- 
tendent of education, one trustee from every congres- 
sional district, and two trustees from the State at large. 
The trustees from the odd numbered districts shall hold 
office till the first Monday after the second Tuesday in 
January, 1911, and till their successors are appointed 
and qualified, who shall hold office for a term of eight 



96 

years, and till their successors are appointed and qual- 
ified. 

The trustees from the even numbered districts and 
from the State at large shall hold office till the first 
Monday after the second Tuesday in January, 1915, and 
till their successors are appointed and qualified, who 
shall hold office for a term of eight years, and till their 
successors are appointed and qualified, and thereafter 
the term of office of every trustee shall be eight years. 

Whenever a vacancy occurs in the office of trustee, 
the governor shall appoint a successor, who shall hold 
office till the next meeting of the legislature, when the 
governor, by and with the advice and consent of the sen- 
ate, shall appoint a trustee, who shall hold office for the 
unexpired term. 

Upon the expiration of the term of office of any trus- 
tee the governor shall, by and with the advice and con- 
sent of the senate, appoint a successor. 

A trustee shall be ineligible to be elected to any office 
by the board of trustees. 

1914. Purposes for which school established. — The 
school is established for the purpose of giving therein 
instruction in the liberal arts and sciences, and the fol- 
lowing academic departments are established, for every 
one of which a professor shall be selected as hereinafter 
provided, namely : 

1, English — literature and expression; 2, mathemat- 
ics; 3, history and political economy; 4, psychology and 
education; 5, ancient languages; 6, modern languages; 
7, chemistry and geology; 8, physics and astronomy; 9, 
biology — botany, floriculture, and horticulture. 

And the following industrial departments are estab- 
lished, for every one of which a director shall be selected 
as hereinafter provided : 

1, Art — drawing, painting, and designing; 2, vocal 
music ; 3, instrumental music ; 4, commercial — book- 
keeping, stenography, typewriting, telegraphy; 5, do- 



97 

mestic art — sewing, millinery, dress-making; 6, domes- 
tic economy — cooking, chemistry of foods; 7, dairying; 
8, physical culture; 9, manual training. 

And the trustees shall, from time to time, establish 
and maintain departments wherein every other branch 
of human knowledge or industry by which women may 
live shall be taught. 

The trustees may leave vacant the office of professor 
or director in any department, as the best interests of 
the school may require, and cause instruction to be given 
therein by some competent instructor selected as the 
professors and directors are selected. 

The president, professors, and directors shall consti- 
tute the faculty of the school. 

1915. Powers to confer honorary degrees, diplomas, 
certificates, etc. — The trustees of the school, by and 
with the advice and consent of the president and facul- 
ty, may confer regular and honorary degrees upon such 
persons as they deem worthy thereof, and may grant 
and confer degrees, diplomas, or certificates of pro- 
ficiency or distinction upon such students as may 
be entitled thereto under the laws established by the 
trustees governing this subject. 

1916. President; election and qualifications of. — The 
trustees shall elect a president for a term to be fixed by 
them, who shall not be removed during the term for 
which he is elected, except for just cause, which shall be 
explicitly set forth in writing in the minutes of the pro- 
ceedings of the trustees and approved by a majority of 
all trustees. No person shall be eligible to the office of 
president unless he is a graduate of some college or uni- 
versity of well-known high standing, an educator by 
profession, of good moral character, and possessing 
good business and administrative qualifications, and if a 
man, must be a married man. The trustees shall fix the 

7SI, 



9:8 

salary of the president before electing a person to the 
office, and shall not decrease the amount thereof during 
the term of office without the consent of the president. 

1917. Departments ; professors and directors; how 
chosen. — The trustees shall establish such additional 
departments, academic and industrial, in the school as 
they deem necessary and proper, and fix the salary or 
compensation to be paid to the professors, directors, and 
instructors therein. The president of the school shall 
by and with the advice and consent of the board of trus- 
tees, appoint all of the professors, directors, and instruc- 
tors of all of the departments in the school. Whenever 
a nomination is rejected by the trustees the president, 
if he so desires, shall have reasonable time within which 
to make another nomination, but he shall not have the 
power to nominate any person rejected within one year 
thereafter. Should the president fail or refuse to nomi- 
nate any one to be a professor, director, or instructor, 
the trustees shall elect such professors, directors, and 
instructors as they deem necessary or proper. 

; 1918. Secretary of trustees. — The trustees shall elect 
a secretary, who shall hold office for the term and re- 
ceive such compensation as may be fixed by the trustees, 
and shall perform such services as may be required of 
him. 

1919. Treasurer; election, duties, and bond, of. — The 
trustees shall elect a treasurer, who shall not be a trus- 
tee, who shall receive, hold, and pay out all moneys be- 
longing to the school, or that may be paid in for the nec- 
essary expenses of any student in the school, or for her 
use and benefit, and the treasurer shall hold office for 
the term and receive such compensation as may be fixed 
by the trustees. Before entering upon his duties, the 
treasurer must give bond in such penalty as the trus- 
tees may fix, payable to "The Alabama Girls' Industrial 



99 

School/' with conditions that he will faithfully receive, 
safely keep, and lawfully pay out, and promptly, fully, 
and fairly account for all # nioneys or choses in action 
which may come to him by virtue of his office, and the 
trustees may require a new bond, or an additional bond, 
whenever they judge that the interest of the school re- 
quires it. 

1920. Removal of treasurer. — Whenever the funds in 
the hands of the treasurer, or about to be received by 
him, are in danger of being lost, the trustees may re- 
move the treasurer from office and take from him all 
funds and choses in action belonging to the school or any 
pupil therein, and may, in that event, appoint a tempo- 
rary custodian with bond or security to hold such funds. 

1921. Books of institution kept; must be open to in- 
spection. — The secretary, treasurer, and all other offi- 
cers, agents, or servants of the school who are required 
to keep, use, or dispose of any property or supplies of 
the school, shall keep accounts of their transactions in 
books to be furnished them by the trustees, which shall 
at all times be open to the inspection and examination 
of the president, the trustees, or any one appointed by 
the trustees thereto, and any person withholding such 
book or books belonging to the school from the inspec- 
tion of any officer entitled to examine the same, shall be 
immediately removed from his office or employment by 
the president or trustees. 

1922. Pupils admitted; qualifications of. — Any white 
girl residing in Alabama, of good moral character, in 
good health, and of sufficient physical and mental devel- 
opment, to be judged of by the president, and over the 
age of fifteen years, who shall comply with all the re- 
quirements prescribed by the trustees, may be admitted 
into the school, and upon completing the course of study 
prescribed at the time of her admission, to the satisfac- 



100 

tion of the faculty, shall receive the degree and diploma 
or certificate she may have earned. Whenever the ac- 
commodations of the school are sufficient to admit more 
students than apply from Alabama, then students from 
other states, territories, or foreign countries may be 
received and instructed in the school upon such terms 
and conditions as may be imposed by the trustees. 

1923. Property exempt from taxation. — The prop- 
erty of the school, of every kind and description, shall 
forever be exempt from all taxes, municipal, county, or 
State, and from all local assessments. The president, 
and all other teachers and officers, who may be men, are 
exempt from jury duty and from working public roads 
or streets ; and the salary, wages, or compensation of all 
officers, teachers, and servants of the school shall be ex- 
empt from the process of garnishment or attachment. 

1924. Scholarships. — Every trustee of the school 
shall have the right to appoint one student possessing 
the qualifications hereinbefore prescribed, who shall be 
boarded and instructed in the school free of all charges 
for board, washing, lights, books, and incidental fees, 
but a student shall not be eligible to appointment for 
more than four years, nor shall any girl be appointed 
under this provision who is able to pay for her educa- 
tion, or whose parents, or either of them, have the abil- 
ity to pay for her education in the school. 

1925. Duties of students. — As far as may be practi 
cable students in the school shall be employed in giving 
assistance in any department of work of the school to 
enable them to obtain instruction therein, but students 
shall be employed only in cases and to the extent that 
they may be able to render efficient service without in- 
jury to themselves or to the school. 



101 

1926. Rights confirmed, etc. — All rights of property 
in action which may have accrued to the school before 
the adoption of this code are confirmed and preserved, 
and no grant or gift of any valuable thing or right shall 
fail by reason of a mistake in the name of this corpora- 
tion or school; provided the intention to grant or give 
to this school may be derived from the words used in 
designating the beneficiary or grantee. All rights, pow- 
ers, and remedies granted in and by an act to create and 
establish an industrial school in the State of Alabama 
for white girls, approved February 21, 1893, and any 
act amendatory thereof, are confirmed and preserved. 

1927. Instruction free. — Instruction in the school 
shall be given without charge to all pupils admitted who 
are residents of this State. 

1928. Power to condemn property. — Whenever the 
school needs any land near the school for any purpose 
of the school, and the owner thereof is a minor or an 
insane person, or refuses to sell the land to the State 
for the use of the school, the trustees shall have author- 
ity to institute in the probate court of Shelby county 
proceedings in the name of the State of Alabama, to 
condemn such land, which proceedings shall be con- 
ducted as near as may ba possible in accordance with 
the provisions of sections 3860-3903 (1712-1742) of the 
Code. It shall be the duty of the trustees to pay out of 
the funds of the school all costs of every condemnation 
proceeding instituted by them under the power hereby 
conferred. 

1929. Appropriation for girls' industrial school. — 
For the regular maintenance of the Alabama Girls' In- 
dustrial School there is appropriated, annually, thirty- 
six thousand dollars, to be paid in quarterly install- 
ments of nine thousand dollars to the treasurer of th* 
school upon the order of the president of the school. 



102 

1930. Title to and sale of lands of industrial school 
for girls. — The title to all lands granted by the congress 
of the United States to the State of Alabama, ""for use 
of" said industrial school, is retained until the trustees 
of the school shall sell the same, which sale shall be 
made only with the approval of the governor, and when 
any sale shall have been made, the governor, upon the 
request of the trustees, shall convey the lands sold to 
the purchaser, and all the proceeds arising from the 
sale of lands shall be paid into the treasury of the State 
to remain forever as a fund for the use of the school, 
and upon which there shall be paid to the school inter- 
est at the rate of six per cent, per annum, in quarterly 
installments. 

1931. Deposits of proceeds of sales, leases, etc., of 
school lands; payment of expenses of selling, etc. — The 
proceeds of all lands sold or leased by the Alabama 
Girls' Industrial School shall be paid into the State 
treasury, and the school, out of the money appropriated 
by the State for the maintenance of the school, shall 
pay all the expenses of caring for, protecting, and sell- 
ing the lands. 

1932. Interest on land fund paid quarterly. — On the 
last day of every quarter the State treasurer shall pay 
to the treasurer of the Alabama Girls' Industrial 
School, upon the order of the president of the school, in- 
terest at the rate of six per cent per annum on the whole 
amount of the fund in the State treasury at the close 
of every quarter, arising from the sale of lands, and 
upon every sum paid into the State treasury before the 
current quarter upon which interest has never been 
paid; and all laws or parts of laws in conflict herewith 
are hereby expressly repealed. It being the purpose and 
intent of the State of Alabama to execute in good faith 
the trust reposed in it by congress when granting the 
lands to the State for the benefit of the school, and to 



103 

preserve the proceeds arising from the lease or sales of 
the lands of the school so granted by congress as a fund 
forever, and to pay the interest thereon for the support 
and maintenance of the school. 



ARTICLE 26. 
Alabama Institute for the Deaf. 

1933. (3698) (1086) (1311) (1025) Educational 
institutions for the deaf established. — There is estab- 
lished in this State and located at Talladega, an institu- 
tion for the education of the deaf, called the Alabama 
School for the Deaf. 

1934. (3699) (1087) (1312) (1026) Incorporation 
of such institution. — The governor, the superintendent 
of education, and eleven other persons, appointed as 
hereinafter provided, are made a body corporate, with 
the rights of succession forever, by the name of the Ala- 
bama School for the Deaf; and such corporation may 
acquire and hold property, real and personal, by gift, 
devise, or any other manner, for the purpose of its crea- 
tion ; may sue and contract ; may have and use a com- 
mon seal ; break or alter the same at pleasure, and may 
have all the powers necessary and proper to accomplish 
the purposes of this article. 

1935. (300) (1088) (1313) (1027) Eleven trustees 
appointed by the yovernor; board- of trustees. — Such 
board of trustees shall consist of the governor, the su- 
perintendent of education, and eleven other persons, 
who shall be appointed by the governor ami confirmed 
by the senate at the meeting of the legislature next fol- 
lowing such appointment, and if any appointment by 
the governor is rejected by the senate, the governor must 



104 

again appoint until the full number of appointments at 
such time is complete ; and in case of a vacancy on said 
board by death or resignation of a member, or from any 
cause other than the expiration of his term of office, the 
governor may fill the vacancy by appointment, which 
shall be good until the next meeting of the legislature, 
and until his successor is duly appointed and con- 
firmed. Each trustee shall hold office for a term of six 
years. The board shall consist of three members from 
the congressional district in which the school is located, 
and one from each of the other congressional districts 
in the State. The three members from the district in 
which the school is located shall be appointed from Tal- 
ladega county. The board shall be divided into three 
classes. The members from the first, second, third, and 
one member from the fourth district, shall compose the 
first class. The members from the fifth, sixth, and one 
member from the fourth district, shall compose the sec- 
ond class. The members from the seventh, eighth, ninth, 
and one member from the fourth district, shall compose 
the third class. Successors to those trustees whose 
terms expire in 1908 shall hold office until 1914; suc- 
cessors to those trustees whose terms expire in 1910 
shall hold office until 1916 ; successors to those trustees 
whose terms expire in 1912 shall hold office until 1918; 
and thereafter their successors shall hold office for a 
term of six years ; and the members of the board of trus- 
tees, as now constituted and elected, shall hold office 
until their respective terms expire under existing law; 
and until their successors are appointed and confirmed 
as herein required. No trustee shall receive any pay or 
emolument other than his actual expenses incurred in 
the discharge of his duties as such. These eleven per- 
sons, and the governor and the superintendent of edu- 
cation, constitute a board of trustees who shall have 
entire management and control of such institution. 



105 

1936. (3701) (1089) (1314) (1028) Quorum and 
meetings of board; secretary and treasurer. — A major- 
ity of such board may act, and may meet and adjourn 
from time to time as, iu their judgment, the interest of 
the institution may require. They must appoint a sec- 
retary and keep a complete record of all their proceed 
ings in a well-bound book; and they shall also appoint 
a treasurer, who shall not be a trustee, who shall give 
bond in such amount as the board may determine, and 
with such sureties as they may deem sufficient, for the 
faithful discharge of his duties as such treasurer; and 
he and his sureties shall be responsible for all funds 
which may come into his hands by virtue of his office. 

1937. (3702) (1090) (1315) (1029) Duties of treas- 
urer. — The treasurer must pay over such funds as may 
come into his hands as such on the written order of the 
principal of the school, countersigned by the secretary 
and recorded in the minutes or records of the proceed- 
ings of the board, kept by such secretary, and the treas 
urer shall make a full report at the close of the fiscal 
year, and oftener, if required by the governor. 

1938. (3703) (1091) (1310) (1030) President of 
board; teachers; compensation of officers. — The board 
must appoint from their number a president, and they 
must also appoint a principal teacher for such institu- 
tion, who may nominate to the board such other assist- 
ants in the institution as he may think necessary for its 
successful management, such board having power of 
confirmation or rejection. The board must fix the 
amount of compensation for each of the officers and 
teachers, and the time of payment. 

1939. (3704) (1094) (1319) (1032) Object of the 
school ; application and, admission; term of pupilage. — 
The object of such school shall be to afford the means 
of education to the deaf of the State. All deaf children 



106 

of the State between the ages of seven and twenty-one, 
who are of sound mind, free from disease, and of good 
character, may be admitted to the benefits of this school. 
All applicants must make satisfactory proof to the board 
of trustees that they are citizens of the State, and that 
they are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
the probate judge or notary public. The length of time 
which any pupil may continue in school shall not exceed 
ten years. Provided, however, that the board of trus- 
tees may increase the term of a pupil from year to year 
upon recommendation of the principal, to not exceeding 
four additional years, and no pupil shall be retained in 
school after having passed the age of twenty-five:- No 
pupil shall be retained in school after it has been ascer^ 
tained that such pupil has ceased to make progress or 
is not being benefited. Any pupil may be dropped at 
any time for cause by the board of trustees. 

1940. (3708) (1098) (1323) Selection and powers 
of executive committee. — The board may select from 
their number an executive committee of three, subject to 
change and removal by the majority of the board at any 
time; and such committee is authorized to meet and 
transact any business that may be transacted by a ma- 
jority of the board; and whatever acts such committee 
may do shall be considered as done by the whole board. 

1941. (3710) Appropriations for each pupil. — For 
the maintenance and the support of the Alabama School 
for the Deaf the sum of two hundred and thirty-five 
dollars per pupil is hereby annually appropriated out 
of any money in the treasury not otherwise appropri- 
ated, such an appropriation to be based upon the num- 
ber of pupils enrolled on the first day of January in each 
year, and to be drawn quarterly in advance by the treas- 
urer of the board, and disbursed as directed by them. 



107 

1942. (3711) Property to be insured and kept in 
repair; appropriation therefor. — The board of trustees 
must provide good aud sufficient insurance, payable to 
the State of Alabama, upon the property of the State 
and under their control, and keep and maintain such 
property in good repair ; and for these purposes there is 
annually appropriated the sum of one thousand dollars, 
to be drawn as appropriations for the support of the 
institute are drawn. Such appropriation shall be ex- 
pended enly for the purposes herein specified. 



ARTICLE 27. 
Alabama Academy for the Blind. 

1943. (3712) Educational institution for the blind 
established. — There is established in this State and 
located at Talladega, an institution for the education of 
the blind, called the Alabama School for the Blind. 

1944. (3713) Control and management. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for the Deaf, 
who may prescribe rules and regulations for the conduct 
of the same. The principal for the Alabama School for 
the Deaf is the chief executive officer. 

1945. (3714) Objects of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford means of education to the blind of the 
state. All blind children of the state between the ages 
of seven and twenty-one who are of sound mind, free 
from disease, and of good moral character may be 
admitted to the benefits of this school. All applicants 
must make satisfactory proof to the board of trustees 
that they are citizens of the state, and that they are 



108 

proper candidates for admission. Proof may be made 
by the applicant in person, or by next friend, or by 
affidavit, or by affidavit of any person cognizant of the 
facts, before a probate judge or notary public. The 
length of time which any pupil may continue in school 
shall not exceed ten years; provided the board of trus- 
tees may increase the term of any pupil from year to 
year, upon the recommendation of the principal, to not 
exceeding four additional years. And no pupil shall be 
retained in school after having passed the age of twen- 
ty-five. No pupil shall be retained in school after it has 
been ascertained that such pupil has ceased to make 
progress or not being benefited. Any pupil may be 
dropped at any time for cause by the board of trustees. 

1946. (3716) Appropriations for each pupil. — For 
the maintenance and support of the Alabama School for 
the Blind the sum of two hundred and thirty dollars per 
pupil is hereby annually appropriated, such appropria- 
tion to be based upon the number of pupils enrolled on 
the first day of January of each year, and to be drawn 
quarterly in advance by the treasurer of the board, and 
disbursed as directed by them. 

1947. (3717) Officers and teachers, — All officers 
and teachers of such institution must be appointed, and 
the salaries fixed and paid in like manner as the officers 
and teachers of the Alabama School for the Deaf are 
appointed and their salaries fixed and paid. 

1948. (3719) Laws relating to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf are applicable to the Alabama School for the 
Blind, except so far as such laws may be inconsistent 
with the provisions of this articlp. 



109 

ARTICLE 28. 

Alabama School for Negro Deaf Mutes and Blind. 

H>4!>. (3720) Educational institution* far negro 
deaf and blind established.— There is established in this 
state and located at Talladega, an institution for the 
education of negro deaf and blind, called the Alabama 
School for Negro Deaf and Blind. 

L950. (3721 l Control and management. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for the Deaf, 
who may prescribe rules and regulations for the con- 
duct of the same. The principal of the Alabama School 
for the Deaf is the chief executive officer. 

1951. (3723) Object of school; application and ad- 
mission; term of pupilage.— The object of such school 
shall be to afford the means of education to the negro 
deaf and blind of the state. All negro deaf and blind 
children between the ages of seven and twenty-one who 
are of sound mind ,free from disease, and of good char- 
acter, may be admitted to the benefits of the school. All 
applicants must make satisfactory proof to the board of 
trustees that they are citizens of the state, and that they 
are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
a probate judge or notary public. The length of time 
which any pupil may continue in school shall not ex- 
ceed ten years ; provided, the board of trustees may 
increase the term of a pupil from year to year, upon the 
recommendation of the principal, to not exceeding four 
additional years. No pupil shall be retained in school 
after having passed the age of twenty-five. No pupil 
shall be retained in school after it has been ascertained 
that such pupil has ceased to make progress, or is not 



110 

being benefited. Any pupil may be dropped at any time 
for cause by the board of trustees. 

1952. (3725) Appropriations for each pupil. — For 
the maintenance and support of the Alabama School for 
Negro Deaf and Blind the sum of two hundred and thir- 
ty dollars per pupil is hereby annually appropriated, 
such an appropriation to be based upon the number of 
pupils enrolled on the first day of January in each year, 
and to be drawn quarterly in advance by the treasurer 
of the board, and disbursed as directed by them. 

1953. (3726) Laws relating to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf, are applicable to the Alabama School for Ne- 
gro Deaf and Blind, except so far as such laws may be 
inconsistent with the provisions of this article. 



ARTICLE 29. 

Reformatory and Industrial School. 

1954. Corporate name; rights and powers. — There 
is established a reformatory and industrial school, un- 
der the name and style of the "Alabama . Industrial 
School,' 1 which is a body corporate, and, as such, shall 
have perpetual succession, may sue, and may have and 
use a common seal, which it may change or alter at its 
pleasure, and may acquire by purchase, or by condemna- 
tion proceedings in the probate court of Jefferson coun- 
ty, in the name of the State of Alabama, such property, 
real and personal, as may be necessary or proper for its 
purposes, and may have and exercise all such powers 
and privileges as may be necessary or proper for carry- 



Ill 

ing out the purposes of its organization, as herein de- 
clared. 

1955. Directors nominated by governor; terms of 
office. — The business, property, and affairs of the cor- 
poration shall be under the management and control of 
a board of directors, which shall consist of seven ladies 
and the governor, the commissioner of agriculture and 
industries, and the attorney-general of the state, who 
shall be ex officio directors. The ladies constituting the 
first board of directors shall be nominated by the gov- 
ernor and confirmed by the senate, and those thus nom- 
inated and confirmed shall hold, two for two years, two 
for four years, and three for six years ; those holding for 
these respective terms to be designated by the governor 
in making nominations therefor to the senate. There- 
after the lady members of said board shall be elected by 
the continuing members thereof at the expiration of 
their respective terms; and all vacancies caused by 
death, resignation, or otherwise, shall be filled by the 
board. The term of office of each member of the board, 
after the expiration of the first term, shall be for six 
years. 

1056. Officers, agents, and employes. — The board of 
directors shall elect a president, vice-president, secre- 
tary, and treasurer, and such other officers, agents, and 
employes as to them shall seem necessary or expedient, 
whose term of office or employment shall be for such 
time as the board may prescribe; and the board may 
remove any such officer, agent, or employe at any time, 
with or without cause. The board may also fill all 
vacancies occurring in any such offices. 

1957. By-laws. — The board of directors may make 
such by-laws, rules, and regulations, not inconsistent 
with the laws of this state, as shall be necessarv or 
expedient for the government and management of said 



112 

institution, and of its officers, agents, and employes, 
with power to alter, modify, change, or repeal the same. 

1958. Meetings of board. — The board shall meet 
annually, at such time and at such place as may be 
prescribed by the by-laws; and special meetings may be 
held at the call of the president, or of the governor, or 
of a majority of the lady directors, upon such notice as 
may be prescribel by the by-laws. 

1959. White children between ages of six and 
eighteen provided for. — Said school shall receive, care, 
and provide for the welfare of white boys between the 
ages of six and eighteen, who, by their course of conduct 
or surroundings, are likely to become base or criminal, 
or hurtful to the state or the best interests of society, to 
be committed to the keeping of said school under the 
provisions of this article, or who may be voluntarily 
committed to its keeping by the parent or parents, or 
person having them in charge, or who, having no parent, 
guardian, or other person to care for them, voluntarily 
commit themselves to its keeping. 

1960. Commitment of children to reformatory. — Any 
justice of the supreme court, chancellor, judge of pro- 
bate, circuit judge, or judge of any city or criminal 
court of this state, may cause to be brought before him, 
upon his own motion, or the sworn complaint of another, 
any white boy between the ages of six and eighteen 
years, who may come within any of the following de- 
scriptions, to- wit: Any white boy who is begging, or 
any one who is offering for sale or selling anything as a 
mere cover for begging. Any who have been abandoned 
by their parents, or who have abandoned their parents 
and homes, and have no visible means of support. Any 
who do not attend the public schools, and idle away 
their time in the streets, without any actual occupation 
or means or support. Any who are orphans, and have 



113 

no sufficient or proper guardian to care for their phys- 
ical, moral, and mental welfare, to insure the child 
against pauperism and crime. Any who may he found 
destitute, or whose parents are both drunkards, or whose 
mother is a drunkard, lewd, or in prison ;and such child 
is not supported and controlled. Any who shall have 
been arrested and brought before police courts repeat- 
edly for petty offenses, and shall appear to be beyond 
control of parents. And upon any such child being 
brought before him, such judge shall proceed, at such 
time as he may appoint, to investigate the condition and 
surrounding of such child, and upon such investigation, 
if he shall be satisfied that the child comes within any 
one of said descriptions, and that it would be for the 
interest of such child that he or she be committed to 
said institution, he will make an order to that effect and 
commit the child to said institution, to be held and pro- 
vided for under its rules and regulations. At any such 
investigation, the judge holding the same shall allow 
any one to appear for the child and resist such commit- 
ment; and he shall not make any such commitment if 
the parent, guardian, or a person who is related to the 
child within the fourth degree, and sufficiently qualified 
in his opinion to take care of and provide for the child, 
will appear and agree in writing to take care of and 
provide for the child until he shall arrive at the age of 
sixteen years. 

1961. Appeals from decision committing child. — 
Any child brought before any judge for such commit- 
ment, or any person for such child, may within five days, 
appeal from the decision of the judge committing him, 
to the circuit or city court held in the county in which 
such Investigation is had, upon giving bond, with suf- 
ficient sureties, to be approved by the judge, and in such 
sum as may be fixed by him, to have the child forth- 
coming when the appeal is heard; and if the appeal be 

8 S L 



114 

taken by any person for the child, the bond shall fur- 
ther provide for the maintenance of the child until said 
appeal is disposed of. If, upon hearing of the appeal, 
the decision of the judge causing the commitment is sus- 
tained, the child shall be committed by the court to said 
institution; but if that decision is not sustained, the 
child shall be discharged. And the judge before whom 
such investigation is made, or to be made, may issue all 
process that may be necessary to have the child brought 
before him, or for commitment; and such process shall 
be executed by the sheriff of the county. 

1962. Time children shall be kept in reformatory. — 
Any child committed to said institution under the pro- 
visions of this article shall be kept therein until he 
arrives at the age of twenty-one years, unless sooner 
dismissed therefrom by the order of the board of direc- 
tors, or in pursuance of any by-law of the institution, or 
by order of the governor cf the state. 

1963. Reports to legislature. — The ex officio mem- 
bers of the board shall at least once a year visit the insti- 
tution and examine into its management and condition ; 
and at each session of the legislature they shall make to 
that body a report touching the institution and its man- 
agement and condition. 

1964. Criminal children sentenced to school. — When 
any white boy between the ages of seven and sixteen 
years shall have been tried and convicted of any crime 
punishable by imprisonment in the penitentiary, or in 
jail, or by hard labor for the county, before any court of 
this state, the court may, if of the opinion that the inter- 
ests of the child would thereby be promoted, sentence 
such child to commitment to said school, in lieu of such 
imprisonment, or hard labor for the county. 



115 

1965. May receive children without authority of 
court. — Said institution may, in its discretion, receive 
any child placed in its care and keeping by its parent 
or parents, without the authority of any court, and may 
keep said child until it is twenty-one years of age; but 
this shall not be done without first making provisions 
for the maintenance of said child under the rules and 
regulations of said institution. 

1966. Exclusive custody of children who are com- 
mitted. — From the time of the lawful reception of any 
child into the institution, and during its stay, said insti- 
tution shall have the exclusive care, custody, and con- 
trol of the child, under such rules and regulations as 
the board of directors may provide. 

1967. Instructions given children committed. — The 
officers of said school shall receive and take into it all 
children committed thereto by competent authority, or 
received therein as aforesaid, and shall cause all chil- 
dren in the school to be instructed in such branches of 
useful knowledge as may be suited to their years and 
capacities. The boys shall be taught such useful trades 
as the board may direct, and they shall be taught ac- 
cording to the course of the public schools of the state. 

1968. Treasurer of school; bond of. — The treasurer 
of the school shall, before entering upon the discharge 
of the duties of office, execute bond, payable to the "Ala- 
bama Industrial School," with good and sufficient sure- 
ties, and in such sum as the board of directors may pre- 
scribe, and with condition to faithfully discharge the 
duties of his office. 

1969. Detention and keeping of children; authority 
for. — Any commitment under this article, whether by 
judge, court, or parent, or other person having in charge 
the child, shall be full, sufficient, and competent author- 



116 

ity to the officers and agents of said school for the 
detention and keeping therein of the child so committed. 
1970. Convict children separated from others. — Pro- 
vision shall be made for the care of convict children, 
separate and apart from the other children, so far as the 
same can be done with the means at hand. 



ARTICLE 30. 
Preparatory School for Mines and Mining. 

1971. Incorporation and name. — J. J. Mayfield, E. 
N. O. Snow, Hugh Morrow, T. H. Aldrich, H. W. De- 
Bardeleben, J. Collier Foster, and S. Friedman, and 
their successors in office, are a body corporate, to be 
known and styled "A preparatory school for mines and 
mining for the State of Alabama," for the purpose of 
preparing the white children of Alabama for the study 
and pursuit of the science and art of mining. 

1972. Location and powers of. — The situs and place 
of business of said corporation shall be at Tuscaloosa, 
Alabama; said corporation may own, possess, and re- 
ceive by gift, purchase, grant, or devise, or in any other 
manner, real and personal property, so long as the same 
have all other powers necessary to carry into effect and 
operation the objects and purposes for which the cor- 
poration is established, or which have been heretofore 
granted by the state to' other educational institutions 
may be used for the school purposes, or in any wise con- 
tributing to the maintenance or preparing and instruct- 
ing the white children of the state in the arts and sci- 
ences of mining. And the said corporation may dispose 
of said property by sale, grant, or otherwise, and shall 
not inconsistent with the provisions of this article. 



117 

1973. Faculty; election, and term of office. — The trus- 
tees of said corporation shall elect the professors and 
teachers in said school, and fix their salaries and terms 
of office, who shall constitute the faculty of said school, 
which shall institute and prescribe a course of studies 
to be pursued in said school, and the said faculty so con- 
stituted may issue certificates of proficiency to the stu- 
dents in said school. A majority of the trustees hereto- 
fore appointed shall constitute a quorum for the trans- 
action of all business in behalf of this corporation. 

1974. Trustees; classification and terms of office. — 
The trustees hereinbefore appointed and named shall be 
divided into five classes, viz. : Classes one, two, three, 
four, five and each class shall hold office respectively 
for the terms of one, two, three, four, and five years 
each, classification to be determined in the order in 
which they are named in the first section of this article; 
at the expiration of the respective terms of each of said 
trustees his successor shall be elected by a majority of 
the other trustees ; provided, that after the* expiration of 
the term of the trustees herein named, in the manner 
herein provided, the term of the office as to all succssors 
shall be for five years, and until their successors are 
elected and qualified. 



ARTICLE 31. 

School Houses. 

1975. Appropriation for schoolhouses ; disbursement 
of. — The sum of sixty-seven thousand dollars shall be 
appropriated annually, or so much thereof as is neces- 
sary, out of the proceeds arising from the sale of fertil- 
izer tags by the commissioner of agriculture and indus- 
tries, for the purpose of aiding in the erection or repair- 
ing of rural schoolhouses in this state. 



118 

See section 7754, page 40; also opinion of the Attor- 
ney General, page — 

1976. Limitation of appropriation to any one county. 
— Not more than one thousand dollars of this appropri- 
ation shall be used or paid out in any one county of this 
state in a separate fiscal year. 

1977. Application of school districts for part of ap- 
propriation. — The district trustees of any school dis- 
trict, no part of which lies in an incorporated city, town, 
or village, having secured bona fide donations or sub- 
scriptions of not less than one hundred dollars for the 
purpose of building or repairing a public school house 
in their district, may make application to the county su- 
perintendent of education to receive the benefits of this 
article. 

1978. Filing and submitting application to county 
board. — The county superintendent of education shall 
file such application and make a record of same, and sub- 
mit it to the county board of education. 

1979. Consideration of application by county board. 
— The county board of education shall consider and in- 
vestigate all applications filed, shall approve such as 
seem just and necessary, giving preference to the most 
needful. 

1980. Record of consideration of applications; con- 
tests. — The board shall record their proceedings, show- 
ing the applications approved by them, the amounts of 
the donation or subscription and the amount of money 
which the board recommends to be given to such district. 

1981. Amount of appropriation. — The amount so 
recommended for any district shall in no case exceed the 
amount secured by donation and subscriptions; nor 



119 

shall the total for any schoolhouse exceed two hundred 
dollars. 

1982. Plans and specifications for schoolhouses ; how 
furnished. — No appropriation shall be made for the 
building of a schoolhouse unless said schoolhouse is 
built in accordance with the plans and specifications 
either, furnished by or approved by the state superin- 
tendent of education. 

1983. Area of schoolhouse lot. — No money shall be 
appropriated for the erection of a new schoolhouse build- 
ing on a plat of ground of less dimensions than two 
acres. 

1984. County board certifies to state superintendent 
of education application approved. — The county boards 
of education shall certify to the superintendent of edu- 
cation, in writing, showing the county from which ap- 
plications approved by them come, the amount or sum of 
money recommended by said board to be given to such 
districts, and such statement shall be signed by the 
county superintendent of education, giving his postof- 
fice address. 

1985. State superintendent orders warrant; auditor 
issues same. — Upon the receipt of the certificate by the 
superintendent of education, he shall request the state 
auditor to draw his warrant on the state treasurer for 
the sums or amounts specified therein, and shall lay be- 
fore the state auditor the statements and information 
he may possess ; the state auditor shall draw his warrant 
on the state treasurer for the amount of money to be 
given to each school district, as shown by the certificate, 
and he shall make each of said warrants payable to the 
county superintendent of education of the county where- 
in such districts are situated, and shall indicate thereon 
for the benefit of what public school district the same 
is issued. 



120 

1986. Delivery and forwarding of warrants. — Such 
warrants shall be delivered to the superintendent of ed- 
ucation, and he shall forward the same to the different 
county superintendents of education as the same are 
payable. 

1987. Statements filed and kept. — The statements 
from which said warrants are made up shall be delivered 
or returned to the state superintendent of education by 
the state auditor, after he has had the use of the same 
in the issuance of said warrants, and shall be safely kept 
in the office of the state superintendent of education. 

1988. Receipts for warrants and proceeds thereof. — 
All persons or officers receiving any warrant or the pro- 
ceeds thereof issued under this article shall execute a 
receipt to the person or officer from whom he receives the 
same, describing such warrant. 

1989. Payment of warrant to district trustees, — 
Whenever it shall be shown to the satisfaction of the 
county superintendent of education that the erection or 
repair of a public schoolhouse has been commenced and 
the amount of subscription or donation secured and a 
deed has been executed, conveying to the State of Ala- 
bama for the benefit of said district the lot or parcel of 
land on which said public schoolhouse is being erected 
or repaired, the county superintendent shall endorse and 
deliver to the district trustees said warrant and the 
amount or sum of money named in the same shall be 
paid to said trustees or to their successors in office, the 
proceeds of which shall be applied by the trustees to the 
building or repairing of the public schoolhouse for 
which such warrant was issued. 

1990. Account with each county to be kept by state 
superintendent of education. — The state superintendent 
of education shall, in a book kept by him for that pur- 



121 

pose, open an account with each county in this State, 
and shall charge against that county the amount of each 
warrant issued under this article for the benefit of any 
of the public school districts of such county. 

1991. Warrants not delivered by county superintend- 
ent of education. — Any of the warrants not delivered 
by the county superintendent of education by reason of 
failure of the district to comply with the requirements 
of this article, shall, after the lapse of six months from 
the receipt of same by the county superintendent of ed- 
ucation, be by him returned to the state superintendent 
of education, and by him marked cancelled, and if the 
same has been charged against the county in the book 
kept under the preceding section, an entry shall be made 
therein crediting the account of said county with each 
of such cancelled warrants. 

1992. Unexpended balance carried forward. — If, at 
the end of any year, the whole appropriation for that 
year has not been exhausted, the state auditor and the 
state treasurer shall carry the unexpended balance for- 
ward, and this balance shall be available, in addition to 
the regular appropriation for the current year. 

1993. Warrants, and the proceeds thereof; how used. 
— The proceeds of all warrants issued under this article 
shall be used only for the erection or the repair of the 
public schoolhouses in the district for the benefit of 
which they shall be issued, and it shall be unlawful to 
use or apply the same to any other purpose whatsoever. 

See Section 7754, page 40. 



122 



PROCEEDINGS FOR AND AGAINST COUNTY 

SUPERINTENDENTS OF EDUCATION. 

(CIVIL CODE.) 

5940. Against county superintendent for balance in 
his hands. — Summary judgments must be rendered on 
motion, aften ten days' notice, in the circuit court, or 
other court having jurisdiction of the amount, of the 
county in which the defendants, or either of them, re- 
side, against any county superintendent of education 
who has resigned, removed from the county, or been 
legally removed from office, or whose term of office has 
expired, and his sureties, or any or either of them, in 
favor of his successor, if there be one, or if there be no 
successor, in favor of the superintendent of education, 
for the amount of school moneys belonging to his county, 
which have not been legally disbursed by him, or paid 
over to his successor in office, with interest from the 
time of the default, and twenty per cent damages and 
costs; and the money, when recovered by the superin- 
tendent of education, must be turned over to the county 
superintendent of education. 

5941. Authority to employ counsel. — The county 
superintendent of education may employ attorneys to 
prosecute actions under the provisions of this article 
against such defaulters and their sureties ; but in no case 
shall any attorney receive more than ten per cent of the 
amount which may be collected on any judgment ob- 
tained by him, or of the amount which may be otherwise 
recovered by him. 

5942. Notice. — The notice of such motion may be 
served by any sheriff of this state, and must succinctly 
state the cause for which, and the court and term at 
which, the motion will be made. 



123 

5943. Transcript of superintendent of education evi- 
dence. — On the trial of such motion, a transcript from 
the books and records in the office of the superintendent 
of education or of the state auditor, duly certified under 
his hand, shall be prima facie evidence of the facts 
shown by them. 

5944. Time and manner of trial. — If the notice has 
been given as herein required, such motion shall stand 
for trial at the first term, and the court must hear and 
determine the same, and render judgment upon the evi- 
dence without a jury, unless a trial by jury shall be 
demanded, when a jury must be immediately impaneled 
to try the issues of fact, unless good cause be shown for 
a continuance. 

5945. In favor of teachers for moneys due them; 
court and notice; appeal from justices' court. — Sum- 
mary judgment may also be rendered against the county 
superintendent of education and his sureties, or any or 
either of them, in favor of any teacher of the public 
schools, his legal representative, or assignee, by motion, 
on ten days' notice, in any court of the county of such 
superintendent, of competent jurisdiction, for failing to 
pay over, on demand, to such teacher any moneys in the 
hands of such superintendent due or owing such teacher 
as required by law, for the amount of such moneys, with 
interest from the time of the demand, and ten per cent, 
damages on the aggregate amount, and costs; but from 
all cases tried before a justice of the peace, or notary 
public ex-officio justice of the peace, either party shall 
have the right to appeal as provided by law in other 
cases decided before such officer. 



124 



CITY AND TOWN SCHOOLS UNDER MUNICIPAL 
GOVERNMENT. 

1348. Schools; regulation of. — Cities and towns shall 
have power to establish, maintain, and regulate public 
schools in which children from seven to twenty-one years 
of age, bona fide residents of and living within the cor- 
porate limits of such city or town, shall be entitled to 
admission ; and non-residents shall be admitted on such 
terms as the board of education may prescribe, and sepa- 
rate schools shall be provided for children of African 
descent. 

1349. Education; hoard of. — In cities having a popu- 
lation of six thousand or more, the management and 
control of the public schools therein shall be vested in 
a board of education, which shall be composed of five 
members, who shall serve without compensation, and 
shall be qualified electors and residents of the respective 
cities, and who shall not be members of the city council. 
At the first regular meeting of the council in April, or 
as soon thereafter as may be practicable, at any regular 
meeting, the council shall elect the members of the 
board of education, whose terms of office respectively 
shall be one two, three, four, and five years. An- 
nually thereafter at the first regular meeting in April, 
or as soon thereafter as may be practicable, at a regular 
meeting, the council shall elect a member, whose term of 
office shall be five years, to succeed the member of the 
board of education whose term expires that year. In the 
event of a vacancy in the membership of the board, by 
resignation or otherwise, the fact shall be reported to 
the city council by the board, and the council shall elect 
9, person to fill such vacancy for the unexpired term. 

1350. Election of officers of hoard of education. — At 
its first regular meeting in May, after the election of 



125 

said board, or as soon thereafter as practicable, and an- 
nually thereafter, the board shall elect from its mem- 
bership a president and vice-president. It shall also 
elect a clerk, who need not be a member of the board, 
and may fix his compensation. The vice-president shall 
perform the duties of the president only when the pres- 
ident may be absent from the city or unable to perform 
his duties. The board may fill any vacancy occurring 
from any cause in any of the offices mentioned in this 
section. 

1351. School property; how held. — All propert}% real 
and personal and mixed, now held or hereafter acquired 
for school purposes, shall be held in trust for the use of 
the public schools of the city or town, and no sale or 
purchase of real estate shall be made by any other than 
the city council of such city or town. The board of edu- 
cation shall have full and exclusive power, within the 
limits of the revenue appropriated for such purpose or 
accruing to the use of the public schools, to purchase 
fixtures, furniture, apparatus, libraries, fuel, and sup- 
plies for the use of the schools, and to sell the same, and 
to make expenditures for the maintenance and repair of 
the school ground, buildings, and other property, to es- 
tablish and build new schools, when sites have been pro- 
vided by the city council, and to superintend the erec- 
tion thereof, to make additions, alterations, and repairs 
to the buildings and other property devoted to school 
uses, and to make necessary and proper regulations, con- 
tracts, and agreements in relation to such matters. All 
such contracts shall inure to the benefit of the public 
schools, and any suit at law or in equity, brought upon 
them, and for the recovery and protection of money and 
property belonging to and used by the public schools, 
or for damages, shall be brought by and in the name of 
the citv. 



126 

1352. Appropriation for schools. — Each year the 
board of education shall make an estimate in detail of 
the amount of money required for the proper support 
and maintenance of the public schools during the next 
ensuing scholastic year, which shall be submitted to the 
city council, and the city council shall make annual ap- 
propriations for the support and maintenance of the 
schools that it may deem necessary and proper in view 
of all other needs of the government of the city and of 
the expected revenues from taxes and otherwise. Money 
so appropriated and all money received from the school 
fund of the state, poll taxes, the sale of school property, 
the sale of bonds for school purposes, and from any 
other source whatever for school purposes, shall be held 
by the treasurer of the city as a special fund or funds 
for school purposes, and it shall be paid out by him on 
warrants drawn by the clerk of the board and counter- 
signed by the president, or vice-president, when acting 
as president of the board of education, and by the clerk 
of the city, and not otherwise, and no warrant shall be 
drawn unless in pursuance of a resolution of the board 
of education entered upon its minutes. 

1353. School; control of. — The board or education 
shall have full control of the public schools of the city 
or town. It shall have power to establish schools, to 
discontinue any school, to consolidate schools, to pre- 
scribe courses of study and books to be used, not in con- 
flict with the general law in reference to text-books, to 
divide the city into school divisions as circumstances 
may require, to employ teachers and a superintendent 
of schools and necessary employes and to fix their sal- 
aries and wages, to establish and maintain high schools 
and prescribe rules for the expulsion of pupils, to expel 
any pupil guilty of gross disobedience or willful mis- 
conduct, to dismiss any superintendent, teacher, or em- 
ploye when in its opinion the interests of the schools 
require it, and generally to have and exercise all rights, 



127 

powers, and authority required for the management of 
a system of public schools. It shall be the duty of the 
board of education to examine, or cause to be examined, 
all persons, at times and places fixed by it, offering as 
candidates for teacher's places, and when found quali- 
fied to give them certificates of qualification gratuitous- 
ly, to grant diplomas without charge to graduates of the 
high schools, to visit all schools as often as once a 
month, to establish and uniformly enforce proper rules 
and regulations, to inquire into the performance of their 
duties by the teachers and superintendent, and into the 
progress of the pupils, and to prepare and submit to the 
city council an annual report showing the operation of 
the schools for the past scholastic year, and suggesting 
their needs for the future. 

1354. Superintendent of schools. — It shall be the 
duty of the board of education to elect a superintendent 
of schools, fix his term of office and salary, and pre- 
scribe his powers and duties. The superintendent shall 
be required to give bond for the faithful performance of 
his duties, which shall be payable to said city, in a sum 
to be fixed by the board, not less than three thousand 
dollars, with surety or sureties to be approved by the 
president of the board, the bond to be filed with the clerk 
of the city or town. The superintendent may be elected 
clerk of the board of education, and if so elected his 
bond shall stand as security for the faithful performance 
of his duties as clerk, as well as superintendent, how- 
ever conditioned. It shall be the duty of the clerk of the 
board of education to keep full and correct detail ac- 
count of all money received and expended. The super- 
intendent shall attend to the taking of the school census, 
which shall be taken in the months of April of each odd 
year, and it shall be his duty to make complete and ac- 
curate reports of the same to the superintendent of edu- 
cation of the state. 



128 

1355. Board of education of towns having over one 
thousand and less than six thousand inhabitants. — 
Towns having a population of more than one thousand 
and cities having a population of less than six thousand 
shall have a board of education to consist of five mem- 
bers, which shall be elected by the council at its first 
meeting in April, 1909, or as soon thereafter as may be 
practicable, and every two years thereafter. The mem- 
bers of said board shall be qualified electors and shall 
serve without compensation. As soon after the election 
as practicable, said board shall organize by electing one 
of their number president, and shall also elect one of 
their number secretary of said board. And said board 
shall have all the powers and be vested with all the au- 
thority in relation to public schools as boards of educa- 
tion in cities of six thousand or more population. 

In towns of one thousand population or less the man- 
agement and control of the public schools therein shall 
be vested in a board of education to consist of five mem- 
bers, who shall have all the powers and be vested with 
all the authority in relation to such public schools as 
boards of education in cities. Said board of education 
shall be elected by the qualified electors of the town at 
the first regular municipal election held under the pro- 
visions of this chapter and biennially thereafter. 

1356. School districts. — Each incorporated city, or 
town, as a special school district, or embraced therein, 
shall receive its proportionate share of the public school 
revenue' to be paid over by the state superintendent of 
education direct to the city superintendent of schools 
and by him paid over to the treasurer. 

1357. Municipalities exempt from school law. — The 
provisions of this chapter relative to public school sys- 
tems shall not apply to cities and towns in counties now 
having by law a combined city and county school sys- 
tem operated under a single board of education, or where 
the members of the board hold office for life. 



129 

Where by any provision of law any certain or definite 
percentage of the revenue of any city or town from 
licenses or taxes, either or both, is required to be used 
for the maintenance of its public schools, then such pro- 
visions shall be unaffected by this chapter and shall be 
and remain in full force and effect. 

1358. Libraries. — Cities and towns shall have the 
right to establish and maintain or aid in establishing 
and maintaining public libraries, either separately or 
in connection with the public schools. 



CHAPTER 184. 
Child Labor. 6128-6449. 

6428. Children under twelve years of age prohibited 
from working in factories, etc. — No child under twelve 
years of age shall be employed or permitted to work in 
or be in or about any mill, factory, or manufacturing 
establishment in this state. 

6429. Children between twelve and sixteen regulated 
and required to attend school. — One year after January 
1, 1908, no child between the ages of twelve and sixteen 
years shall be employed or be permitted to work or 
detained in or about any mill, factory, or manufacturing 
establishment in this state, unless such child shall at- 
teud school for eight weeks in every year of employment, 
six weks of which shall be consecutive. 

6430. Children under fourteen years limited to sixty 
hours per week. — No child under the age of fourteen 
years shall be employed or detained in or be in or about 
any mill, factory, or manufacturing establishment with- 
in this state for more than sixty hours in any one week. 



130 

6431. children under sixteen not employed between 
7 p. in. and 6 o'clock a. m. — No child under sixteen years 
of age shall be employed or detained in, or be in or about 
any mill, factory, or manufacturing establishment with- 
in this state between the hours of seven o'clock p. m. and 
six o'clock a. m., standard time. 

6432. Children between sixteen and eighteen limited 
to eight hours per night. — No child over sixteen and un- 
der eighteen years of age shall be so employed or detain- 
ed between said hours for more than eight hours in any 
one night. 

6433. Children under eighteen not employed without 
affidavit of parent or guardian; contents of affidavit. — 
It shall be unlawful for any person, firm, or corporation, 
to employ, or detain in, or permit to work in, or be in or 
about any mill, factory, or manufacturing establish- 
ment any child under eighteen years of age, without first 
requiring said child to present on a blank furnished by 
the employer, the form of which shall be provided by 
the inspector, the affidavit of the parent or guardian or 
other person standing in parental relation to such child, 
stating the date and place of birth of said child. 

6434. Affidavit filed and recorded in probate office. 
— Such affidavit shall be filed by such employer within 
ten days after the employment of such child, in the of- 
fice of the judge of probate of said county, and shall be 
numbered and labeled with the name of the child, and a 
complete index thereof made and preserved as other rec- 
ords in said office. For the services so rendered the 
judge of probate shall receive from the county treasury 
ten cents for each such affidavit. A copy of said affida- 
vit shall be forwarded, within ten days after the employ- 
ment of such child, to the inspector at Montgomery, Ala- 
bama. 



131 

6435. Violating or permitting child to violate child- 
labor lata. — Any person, firm, or corporation who vio- 
lates any of the provisions of this chapter, or who know- 
ingly permits any child to be employed or detained in, 
or be in or about his, their, or its mills, factory, or man- 
ufacturing establishments, contrary to the provisions of 
this chapter, shall be guilty of a misdemeanor, and, on 
conviction, shall be punished by a fine of not less than 
fifty dollars nor more than one hundred dollars for each 
offense. 

6436. Violating laio or refusing to obey order of in- 
spector; penalty for first and second convictions. — Any 
person, firm, or corporation, who violates any of the pro- 
visions of this chapter, or who employs any child, or 
knowingly permits any child to be employed, or to work 
in or about, or be detained in or be in or about any mill, 
factory, or manufacturing establishment contrary to 
law, or who fails or refuses to obey promptly every law- 
ful order or direction given by the inspector under this 
law, must on conviction be fined not less than fifty dol- 
lars nor more than one hundred dollars, and upon a sec- 
ond conviction, for any violation of this law, must be 
fined not less than one hundred nor more than five hun- 
dred dollars, and if a natural person be sentenced to 
hard labor for not more than six months. 

6437. False affidavit; perjury. — Any person, who 
knowingly makes any false affidavit, when an affidavit 
is required under this chapter, is guilty of perjury. 

6438. Inspector of mills, factories, etc., duties of. — 
The inspector of jails and almshouses is charged with 
the duty of inspecting all mills, factories, and manu- 
facturing establishments wherein women and children 
work, and he must inspect every such mill, factory, or 
manufacturing establishment at least four times a year 
if practicable, without notice of his purpose to do so. He 



132 

shall thoroughly inspect such manufacturing establish- 
ments, and ascertain their sanitary condition, and 
whether a good supply of fresh drinking water and fresh 
air and suitable water closets for the women and girls 
are provided, separate and apart from those for the use 
of boys and men, and particularly the ages and condi- 
tions of the children employed, at work in, or detained 
therein; and shall carefully examine all affidavits filed 
in the probate office under this law and in connection 
therewith, the children named therein, and all other 
matters concerning the operation and condition of the 
manufacturing establishments in which children work 
or are detained, or make written orders requiring cor- 
rection of any defects in or about the mill or manufac- 
turing establishment. 

6439. Inspector reports to governor. — The inspector 
shall make written report to the governor of every exam 
ination of every manufacturing establishment inspected 
by him, and note every refusal or failure to comply with 
or observe the law, in any respect, which reports must 
be published annually. 

6440. Inspector removes child from mill, etc. — It 
shall be the duty of the inspector to remove from any 
mill, factory, or manufacturing establishment, any child 
found working or detained therein contrary to law, and 
to remove therefrom any child who is afflicted with any 
infectious, contagious, or communicable disease. The 
judgment of the inspector as to the removal of any child 
shall be final and conclusive. 

6441. Prosecutions instituted against owners of mills, 
factories, etc. — It shall be the duty of the inspector to 
institute prosecutions against the owners, operators, 
managers, and superintendents of any such mill, factory, 
or manufacturing establishment for every violation of 
law that they may discover, and to furnish to the solic- 



133 

itor of the circuit or county the names and addresses of 
all necessary witnesses. 

ii 

6442. Inspector shall have access to mills, factories, 
etc. — The inspector shall have free access at any time, 
to any mill, factory, or manufacturing establishment 
wherein women and children work, or are detained, and 
no person shall refuse to allow the inspector to have free 
access to a manufacturing establishment and every part 
thereof. 

6443. Hindering , obstructing , or misleading inspec- 
tor. — No person shall hinder or obstruct the inspector, 
in inspection or make any false or misleading statement 
to the inspector about the establishment, its operation, 
or condition, or about any person working or detained 
therein. 

6444. Copy of law posted at of ice of mill, factory, 
etc. — All persons must have a plainly printed copy of 
the child-labor law posted up in the office and in every 
room in which any person works in the mill, factory, or 
manufacturing establishment. 

6445. Penalty for violating three preceding sections. 
— Any person violating the three preceding sections, 
must, on conviction, be fined not less than one hundred 
nor more than five hundred dollars, and on subsequent 
conviction be fined not less than five hundred dollars, 
and may be sentenced to hard labor for not more than 
one year. 

6446. Disobeying orders as to removal of children. — 
Any owner or manager of a mill, factory, or manufac- 
turing establishment who disobeys any order of the in- 
spector, removing a child from the mill, factory, or 
manufacturing establishment; or who permits any child 
who has been removed by the inspector to return to work 



134 

therein, or to be in or about the mill, factory, or manu- 
facturing establishment without the written permission 
of the inspector, must, on conviction, be fined not less 
than fifty dollars, nor more than one hundred dollars. 

6447. Clerk of inspector; salary of. — The inspector of 
jails and almshouses is authorized to employ a compe- 
tent clerk, with the approval of the governor, who shall 
be authorized to perform the same duties as by law the 
isspector is authorized to perform, and shall have and 
exercise the same powers under the direction of the in- 
spector as the inspector has by law. The annual salary 
of the clerk of the inspector shall be eighteen hundred 
dollars, payable monthly out of the State treasury as 
clerks in the other departments are paid. 

6448. Limitation of law to certain manufactories, — 
This chapter shall apply only to manufacturing estab- 
lishments engaged in manufacturing or working in cot- 
ton, wool, clothing, tobacco, printing and binding, glass 
or other kind of work that is injurious to health when 
carried on indoors. 

6449. Traveling expenses of inspector and clerks- 
reimbursements of. — The inspector and the clerk of the 
inspector, when traveling in the performance of their 
duties hereunder, shall be reimbursed their actual trav- 
eling expenses when approved by the governor, to be 
paid on the warrant of the State auditor. 



EDUCATION ARTICLE OF THE CONSTITUTION. 
ARTICLE XIV. 

EDUCATION. 

256. The Legislature shall establish, organize and 
maintain a liberal system of public schools throughout 



135 

the State for the benefit of the children thereof between 
the ages of seven and twenty-one years. The public 
school fund shall be apportioned to the several counties 
in proportion to the number of school children of school 
age therein, and shall be so apportioned to the schools in 
the districts or townships in the county as to provide, as 
nearly as practicable, school terms of equal duration in 
such school districts or townships. Separate schools 
shall be provided for white and colored children, and no 
child of either race shall be permitted to attend a school 
of the other race. 

257. The principal of all funds arising from the sale 
or other disposition of lands or other property, which 
has been or may hereafter be granted or entrusted to 
this State or given by the United States for educational 
purposes shall be preserved inviolate and undiminished 
and the income arising therefrom shall be faithfully ap- 
plied to the specific object of the original grants or ap- 
propriations. 

258. All lands or other property given by individuals, 
or appropriated by the State for educational purposes, 
and all estates of deceased persons who die without leav- 
ing a will or heir shall be faithfully applied to the main- 
tenance of the public schools. 

259. All poll taxes collected in this State shall be ap- 
plied to the support of the public schools in the respec- 
tive counties where collected. 

260. The income arising from the sixteenth section 
trust fund, the surplus revenue fund, until it is called 
for by the United States government, and the funds enu- 
merated in sections 257 and 258 of this Constitution, 
together with a special annual tax of thirty cents on 
each one hundred dollars of taxable property in this 
State, which the legislature shall levy, shall be applied 
to the support and maintenance of the public schools, 
and it shall be the duty of the legislature to increase the 
public school fund from time to time, as the necessity 



136 

therefor and the condition Qf the treasury and the re- 
sources of the State' may justify; provided, that nothing 
herein contained shall be so construed as to authorize 
the legislature to levy in any one year a greater rate of 
State taxation for all purposes, including schools, than 
sixty-five cents on each one hundred dollars worth of 
taxable property; and provided further, that nothing 
herein contained shall prevent the legislature from first 
providing for the payment of the bonded indebtedness of 
the State and interest thereon out of all the revenues of 
the State. 

261. Not more than four per cent, of all moneys 
raised, or which may hereafter be appropriated for the 
support of public schools, shall be used or expended 
otherwise than for the payment of teachers employed in 
such schools; provided, that the legislature may, by a 
vote of two-thirds of each house, suspend the operation 
of this section. 

262. The supervision of the public schools shall be 
vested in a Superintendent of Education, whose powers, 
duties and compensation shall be fixed by law. 

263. No 'money raised for the support of the public 
schools, shall be appropriated to or used for the support 
of any sectarian or denominational school. 

264. The State University shall be under the manage- 
ment and control o£ a board of trustees which shall con- 
sist of two members from the Congressional district in 
which the University is located, one from each of the 
other Congressional districts in the State, the Superin- 
tendent of Education and the Governor who shall be ex- 
ofiicio president of the board. The members of the 
Board of Trustees as now constituted shall hold office 
until their respective terms expire under existing law, 
and until their successors shall be elected and confirmed 
as hereinafter required. Successors to these trustees 
whose terms expire in nineteen hundred and two shall 
hold office until nineteen hundred and seven ; successors 
to those trustees whose terms expire in nineteen hun- 



137 

dred and four shall hold office until nineteen hundred 
and eleven ; successors to those trustees whose terms ex- 
pire in nineteen hundred and six shall hold office until 
nineteen hundred and fifteen ; and thereafter their suc- 
cessors shall hold office for a term of twelve years. When 
the term of any member of such board shall expire, the 
remaining members of the board shall by secret ballot 
elect his successor ; provided, that any trustee so elected 
shall hold office from the date of his election until his 
confirmation or rejection by the Senate, and, if con- 
firmed, until the expiration of the term for which he was 
elected, and until his successor is elected. At every 
meeting of the Legislature the Superintendent of Educa- 
tion shall certify to the Senate the names of all who 
have been so elected since the last session of the Legis- 
lature, and the Senate shall confirm or reject them, as 
it shall determine is for the best interest of the Univer- 
sity. If it reject the names of any members, it shall 
thereupon elect trustees in the stead of those rejected. 
In case of a vacancy on said board by death or resigna- 
tion of a member, or from any cause other than the 
expiration of his term of office, the board shall elect his 
successor who shall hold office until the next session of 
the Legislature. No trustee shall receive any pay or 
emolument other than his actual expenses incurred in 
the discharge of his duties as such. 

265. After the ratification of this Constitution there 
shall be paid out of the treasury of this State, at the 
time and in the manner provided by law, the sum of not 
less than thirty-six thousand dollars per annum as in- 
terest on the funds of the University of Alabama, here- 
tofore covered into the treasury, for the maintenance 
and support of said institution ; provided, that the Leg- 
islature shall have the power at any time they deem 
proper for the best interest of said University to abolish 
the military system at said institution, or reduce the 
said system to a department of instruction, and that 



138 

such action on the part of the Legislature shall not 
cause any diminution of the amount of the annual in- 
terest payable out of the treasury for the support and 
maintenance of said University. 

266. The Alabama Polytechnic Institute, formerly 
called the Agricultural and Mechanical College, shall be 
under the management and control of a board of trus- 
tees which shall consist of two members from the Con- 
gressional district in which the institute is located, and 
one from each of the other Congressional districts in the 
State, the State Superintendent of Education, and the 
Governor, who shall be ex-officio president of the board. 
The trustees shall be appointed by the Governor, by and 
with the advice and consent of the Senate, and shall hold 
office for a term of twelve 1 years, and until their suc- 
cessors shall be appointed and qualified. The board 
shall be divided into three classes, as nearly equal as 
may be, so that one-third may be chosen quadrennially. 
Vacancies occurring in the office of trustees from death 
or resignation, and the vacancies regularly occurring in 
the year nineteen hundred and five, shall be filled by the 
Governor, and such appointee shall hold office until the 
next meeting of the Legislature. Successors to those 
trustees whose terms expire in nineteen hundred and 
three shall hold office until nineteen hundred and 
eleven ; successors to those whose terms of office expire 
in nineteen hundred and five shall hold office until nine- 
teen hundred and fifteen ; and successors to those whose 
terms of office expire in nineteen hundred and seven 
shall hold office until nineteen hundred and nineteen. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of hi a 
duties as such. 

267. The Legislature shall not have power to change 
the location of the State University, or the Alabama 
Polytechnic Institute, or the Alabama school for the 



139 

Deaf .and Blind, or the Alabama Girls' Industrial 
school, as now established by law, except upon a vote of 
two-thirds of the Legislature taken by yeas and nays and 
entered upon the Journals. 

268. The Legislature shall provide for taking a 
school census by townships and districts throughout the 
State not oftener than once in two years, and shall pro- 
vide for the punishment of all persons or officers mak- 
ing false or fraudulent enumerations and returns; pro- 
vided, the State Superintendent of Education may or- 
der and supervise the taking of a new census in any 
township, district or county, whenever he may have rea- 
sonable cause to believe that false or fraudulent returns 
have been made. 

269. The several counties in this State shall have 
power to levy and collect a special tax not exceeding ten 
cents on each one hundred dollars of taxable property 
in such counties, for the support of public schools; pro- 
vided, that the rate of such tax, the time it is to con- 
tinue, and the purpose thereof, shall have been first sub- 
mitted to a vote of the qualified electors of the county, 
and voted for by three-fifths of those voting at such 
election ; but the rate of such special tax shall not in- 
crease the rate of taxation, State and county combined, 
in any one year, to more than one dollars and twenty- 
five cents on each one hundred dollars of taxable prop- 
erty; excluding however, all special county taxes for 
public buildings, roads, bridges and the payment of 
debts existing at the ratification of the Constitution of 
eighteen hundred and seventy five. The funds arising 
from such special school tax shall be so apportioned and 
paid through the proper school officials to the several 
schools in the townships and districts in the county that 
the school terms of the respective schools shall be ex- 
tended by such supplement as nearly the same length of 
time as practicable; provided, that this section shall 



140 

not apply to the cities of Decatur, New Decatur and 
Cullman. 

270. The provisions of this article and of any act of 
the Legislature passed in pursuance thereof to establish, 
organize and maintain a system of public schools 
throughout the State, shall apply to Mobile county only 
so far as to authorize and require the authorities desig- 
nated by law to draw the portions of the funds to which 
said county shall be entitled for school purposes and to 
make reports to the Superintendent of Education as 
may be prescribed by law; and all special incomes and 
powers of taxation as now authorized by law for the ben- 
efit of public schols in said county shall remain undis- 
turbed until otherwise provided by the Legislature ; pro- 
vided, that separate schools for each race shall always 
be maintained by said school authorities. 



141 



IMPORTANT OPINIONS OF ATTORNEYS 
GENERAL. 



Sept. 7th, 1904. 

A COPY BOOK IS A TEXT BOOK, AND THAT 
ADOPTED MUST BE USED IN THE PUB- 
LIC SCHOOLS WHEN WKITING 
IS TAUGHT. 

Hon. Isaac W. Hill, 

Superintendent of Education. 
Dear Sir: 

Your request for an opinion as to the proper construc- 
tion, in the particular hereinafter indicated, of the re- 
cent act of the Legislature, providing for the creation of 
a Text Book Commission, and to procure for use in the 
public free schools in this State, a uniform series of text 
books, has been received. 

The facts upon which information is desired are as 
follows : 

Under this act the Text Book Commission selected 
and adopted for use in the public schools, a copy book 
published by Eaton & Company, and the contract was 
awarded to that firm to furnish these copy books for use 
in the public schools of this State, for a period of five 
years. 

The Text Book Commission, in construing this act 
has held that it was permissible to teach writing in the 
public schools of Alabama, without copy books, and in 
some of the public schools, writing has been taught and 
is being taught without using the copy books, selected 
and adopted by the Text Book Commission. The ques- 
tion for consideration is, can it be left to the discretion 
of school boards, or teachers, to decline to use any text 



142 

book selected and adopted by the Text Book Commis- 
sion, and teach such branch of study by some other 
method, and without the use of such text books so se- 
lected and adopted. 

It is declared in Sections 1, 16 and 17 of the act : "that 
the Governor, State Superintendent of Education, and 
three eminent teachers of the State * * * shall be 
and are hereby constituted the School Book Commission 
of the State of Alabama, whose duty it is to select and 
adopt a uniform series or system of text books for use 
in the public schools of this State. Said commission is 
hereby authorized, empowered and directed to select 
and adopt a uniform system or series of text books for 
use in the public schools in this State, as above indi- 
cated, and when so selected and adopted, the said text 
books shall be used for a period of five years in all the 
public schools of this State, and it shall not be lawful 
for any officer, director or teacher, to use any other 
books upon the same branches other than those adopted 
by said State Text Book Commission. Said uniform 
series shall include the following branches of study, to- 
wit: 

"Orthography, reading, writing, arithmetic, geogra- 
phy," etc. "That any person or teacher violating the 
provisions of this act, shall become guilty of a misde- 
meanor, and upon conviction, be punished by a fine 
of not less than ten dollars nor more than fifty dollars." 

"That any teacher who shall use or permit to be used 
in his or her school, any text book upon the branches 
embraced in this act, where the Commission has adopted 
a book on that branch other than the one so adopted, 
shall be guilty of a misdemeanor, and upon conviction, 
punished as provided for in Section 16 of this act." 

It will be observed that Section 1 of the act specifi- 
cally provides — 

Fi rs t — For the appointment of a Text Book Commis- 
sion. 



143 

Second — It is made the duty of said Text Book Com- 
mission to 'select and adopt a uniform series or system or 
of text books for use in the public schools of Alabama." 

Third — The State Commission is authorized, empow- 
ered and directed to select and adopt a uniform system 
or series of text books for use in the public schools of 
this State. 

Fourth — When said text books are so selected and 
adopted they "shall be used for a period of five years in 
all of the public schools of this State." 

Fifth — It is further provided that it shall not be law- 
ful for any school officer, director or teacher to use any 
other books upon the same branches other than those 
adopted by the State Text Book Commission. 

Sixth — Said uniform series shall include the follow- 
ing branches of study to-wit : "Orthography, reading, 
writing, arithmetic, geography," etc. 

It is clearly the legislative intent that the system of 
teaching these several branches shall be uniform in all 
the public schools in this State, and to that end, it is 
made mandatory that the text books selected and 
adopted by the Text Book Commission, shall be used 
for a period of five years, in the public schools, to the 
exclusion of all other books upon the same branches. 

It is also clearly the legislative intent that the books 
adopted should be used in said public schools in order 
to secure said text books at a cheaper price than here- 
tofore prevailed, and the mandatory requirement that 
these books, when selected and adopted, shall be used 
for a period of five years, was supposed to be an induce- 
ment to the various publishers to bid for the books at 
a lower cost than they could be bought at retail. If it 
were held that a teacher could refuse to teach arithme- 
tic, or for that matter, any other text book selected and 
adopted, and teach that particular branch of study by 
a process of his own, independently of any book, this 
construction would emasculate the law, and leave it to 
the discretion of each school board, or teacher, to deter- 



144 

mine whether or not he could teach arithmetic "out of 
his head," by a higher or better process than by the 
books selected and adopted by the Text Book Commis- 
sion, and thereby destroy the uniformity in teaching 
this branch. This intent is made still more specific and 
clear by Section 16 of the act, which provides that any 
person or teacher violating the provisions of this act, 
shall be guilty of a misdemeanor, and as a further guar- 
antee that the text books adopted and selected by the 
Commission, shall be used in the public schools of this 
State, Section 17 of the act makes it a misdemeanor for 
any teacher to use or permit to be used in his or her 
school, any text book upon the branches embraced in 
this act, other than those adopted. 

The legislature has unlimited and exclusive power to 
select the text books to be used in the public schools, 
and to compel the use of the books selected. In the ex- 
ercise of this power by the enactment before referred to, 
our court declares, in the case of Dickinson v. Cunning- 
ham: "Two things are very clear to our minds; one, 
that the legislature meant to provide an exclusive privi- 
lege in order to secure books at the best prices ; the other, 
the legislature meant to prevent th possibiliy of any 
break in the uniformity of the system framed by the 
statuute.'" 

The question arises, therefore, as to whether or not 
the copy book, selected and adopted by the Text Book 
Commission for the uniform system or series of writing 
to be taught in the public schools of this State, is a text 
book. Of this there is no doubt. Webster defines a text 
book to be any manual of instruction; an educational 
treatise ; a school book. The Century Dictionary defines 
it to be a book used by students, as a standard work for 
a particular branch of study ; a manual of instruction. 
It is also there defined to be a book containing a "Text 
or Texts," and one of the definitions there given of the 
text, is "formal handwriting." The legal definition of 
a book is much more comprehensive, and greater than 



145 

the popular idea of a book. A single sheet of music has 
been held to be a book within the purview of the law. — 
(A. & E. Enc. of Law, 2d ed., Vol. 4, pp. 703-704.) 

The Supreme Court of Illinois in an able opinion 
(The People ex rel. v. Board of Education, 175 111. 0), 
held that a copy book was a text book within the mean- 
ing- of the law of that State, which is very similar to the 
law of Alabama upon this subject. It is my opinion, 
therefore, that the copy book of Eaton & Co., selected 
and adopted by the Text Book Commission, must be 
used and taught, in all the public schools of this State, 
wherever writing is taught, and that it does not lie in 
the discretion of any school board or teacher to provide 
for a different method of teaching writing, or to decline 
the use of these copy books in teaching that branch. The 
contrary view would make possible a "break in the uni- 
formity of the system," which our Supreme Court says 
the Legislatue meant to prevent. 

Respectfully yeours, 

Massey Wilson, 
Attorney General. 



September, 24, 1904. 
Hon. Isaac W. Hill, 

Superintendent of Education. 
Dear Sir : 

I have your favor of the 22d inst., requesting my opin- 
ion of the questions below quoted : 

"First — Can any of the books that have been adopted 
by the State Text Book Commission for the use of the 
public schools of the State, be purchased from any per- 
son or dealer other than the publisher having the con- 
tract with the State to furnish such books, or his duly 
constituted and appointed depositories, or regularly and 
duly constituted agents throughout the counties of Ala- 

9 S L 



146 

bama, and be used by a pupil or teacher in the public 
schools of Alabama? 

"Second — If any of the books that have been adopted 
by the State Text Book Commission for use in the pub- 
lic schools of the State, having printed or stamped upon 
them the statements of the price and that they are sup- 
plied under the contract with the State, are sold by a 
dealer other than a duly appointed agent, or through 
channels other than those provided by law and under 
contract, and as a matter of fact they are not furnished 
by the publisher or supplied to said dealer or person 
offering them for sale through the agencies adopted, is 
the dealer or said person so selling such book, guilty of a 
violation of the statute, in such sort as to make him sub- 
ject to conviction for a misdemeanor under said stat- 
ute?" 

(1) The Supreme Court of Alabama has answered 
the first question in the negative. It is decided in the 
case of Dickinson v. Cunningham that if a book adopted 
by the State Text Book Commission was purchased 
from a person or dealer other than the contractor and 
was not supplied through a depository or agency, such 
book could not be taught in the public schools. It follows 
that it would be a misdemeanor to use a book so obtained 
in the public schools of this State. 

(2) Under the Text Book Statute, and the contracts 
made with publishers pursuant to it, the successful bid- 
ders for the privilege of supplying books for the public 
schools have the exclusive right to supply such books for 
that pjurpose. — '(Dickinson v. Cunningham, supra; 
Clark v. Haworth, 7 L. R. A., 240). While this exclu- 
sive privilege may result in benefit to the contractor, it 
is supposed to be of corresponding benefit to the public 
by enabling the patrons of the public schools to get bet- 
ter and cheaper books. The contractors are under bond 
in a large penalty to execute the contracts on their part. 
Books furnished under these contracts are required to 
come up to the standard of quality and excellence of the 






147 

samples furnished with the bids and preserved by the 
Secretary of State. To make it easier to fix liability 
on the contractors for a violation of the statute, or of 
their contracts, and a safe-guard against the introduc- 
tion into the schools of books other than those adopted, 
it is required that such constractors shall cause to be 
printed upon every book furnished under their contracts 
the contract price, the exchange price, and the fact that 
the price is fixed by State contract, and a request that 
deviations therefrom shall be reported to the school 
authorities. If a dealer who is not a contractor, or a 
designated depository, or a duly constituted agency, as 
provided for in the statute, should procure books from 
some source other than the regular channels provided in 
the law, and himself cause to be printed upon such 
books the matter required to be printed upon such books 
sold under contract, and sell such books as if the same 
were sold pursuant to the text book law, I think such 
conduct would be a violation of the provisions of this 
act. Section 16 of the act declares that any person vio- 
lating its provisions shall be guilty of a misdemeanor. 
I think, however, that books which have been sold or 
supplied by a contractor with the State, or through his 
depository or agency, and which come up to the tests of 
the text book law, may be sold within the State by any 
person or dealer who may have become the owner of 
such books, without being subject to criminal liability. 
Neither do I mean to say that the mere sale of the 
adopted books by any dealer would be a violation of the 
law, although such books, unless supplied under the 
contracts with the State, could not be used in the public 
schools. It is the printing upon adopted books by per- 
sons who are not contractors, the matter required to be 
printed upon them by the contractors, and the selling 
of such books under and as in compliance with the stat- 



148 

ute by persons who are not contractors (privileges given 
exclusively to the contractors) which I think a violation 
of the law. 

Very respectfully, 

Massey Wilson^ 
Attorney General. 



February 7th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 

Capitol. 
Dear Sir : 

In reply to your favor of the 7th inst., I have to say 
that public school money in the hands of a County 
Superintendent, for disbursement to teachers, is not 
subject to garnishment at the suit of a creditor of a 
teacher to whom such money is due or to become due. 
Pruitt vs. Armstrong, 56 Ala. 306. 

Kespectfully submitted, 

Alex. M. Garber 
Attorney General 



April 20th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 

Capitol. 
Dear Sir: 

Many pressing matters and an unusual volume of 
work in this office have rendered the delay unavoidable 
in responding to your request, contained in your letter 
of March 26th, to advise you concerning certain provi- 
sions of the "Rural School House Act," approved March 
2nd, 1907. I proceed herewith to render an opinion 
upon each inquiry : 



149 

1st. The title of this Act is as follows : "To appro- 
priate annually $67,000.00 or so much thereof, as is nec- 
essary to aid rural school districts in this State to erect 
or to repair public school houses." Its purpose is 
clearly expressed in the above title and its character is 
distinctly remedial. There is nothing in the body of the 
Act as to when it .shall become operative. It cannot be 
contended that in the absence of a specific direction on 
this point there existed any legislative intent to post- 
pone the operation of this Act to a future date. It is 
well settled that unless a different time is specified, 
statutes take effect and become operative from the day 
of the approval by the Governor. Phoenix Carpet Com- 
pany v. State, 118 Ala. 143 ; Taylor v .Hand, 31 Ala. 
383 ; Bank of Mobile v. Murphy, 8 Ala. 119. Therefore, 
it is manifest that this Act became effective on March 
2nd, 1907, the date of its approval by the Governor, and 
I so advise you. 

2nd. It is clearly the purpose of this Act to render 
aid only to rural school districts in the erection and 
repairing of public school houses and the provisions of 
Section 2 expressly exclude any school district a part of 
which lies in an incorporated city, town or village. The 
word "incorporated" must be held to qualify and de- 
scribe each of the three words "city," "town" and "vil- 
lage." 

3rd. Whenever the erection of a rural school build- 
ing has been begun and has not been completed before 
the passage of this Act, I think such school house should 
receive the benefits of this Act and you would be author- 
ized to so hold, provided the County Board of Educa- 
tion, upon application by the district trustees to the 
County Superintendent of Education and its submission 
to said Board, approves such application for aid, after 
having ascertained that all the conditions of Section 2 
of said Act have been complied with; and if the plans of 
said building, under course of construction, are en- 
dorsed by you. 



150 

4th. The following provision is found in the last lines 
of Section 3 of this Act : "No money shall be appropri- 
ated for the erection of a new school building on a plat 
of ground of less dimensions than two acres." The 
meaning of the language employed here is too obvious 
to admit of any doubt. The restriction upon the erec- 
tion of a new school building on a plat of less than two 
acres is plain, and it is equally apparent that this re- 
striction does not apply to the school houses already 
erected on a plat of less than two acres. Repairs on 
such a school lot, of less than two acres, therefore, may 
receive the aid of the funds appropriated under this 
Act. ' 

5th. Construing this Act as a whole, it is my opinion 
that it appropriates $67,000.00 annually for the pur- 
poses named in the Act. Prom Section 1 it would ap- 
pear that $67,000.00 or only so much thereof as is nec- 
essary is appropriated, but when construed in connec- 
tion with the following provision in Section 5 : "Pro- 
vided further that if at the end of any year the whole 
appropriation for that year has not been exhausted, the 
State Auditor and the State Treasurer shall carry the 
unexpended balance forward and this balance shall be 
available in addition to the regular appropriation for 
the current year," it is clear that it was the manifest 
intention of the Legislature to appropriate and set aside 
$67,000.00 each year to aid rural school districts and 
such evident intention of the Legislature must control. 
Brooks vs. School Commissioners, 31 Ala. 227; Sale vs. 
State, 68 Ala. 530; 26 Am. & Eng. Ency. of Law, 
(2d ed.) p. 66. Lehman Durr & Co. vs. Robinson, 59 
Ala. 219. 

You will observe that Section 1 provides that not 
more than $1,000.00 of the annual appropriation shall 
be used in any one county in a separate fiscal year, but 
this provision cannot be held to apply to the unex- 
pended balance mentioned in Section 5, which is made 



151 

available in addition to the regular appropriation for 
the current year. 

6th. Where this appropriation is used for merely re- 
pairing a rural school house, the Act does not require 
the plans of such school house to be endorsed by the 
State Superintendent of Education. 

7th. The deed provided for in Section 4 of this Act 
should be made to "The State of Alabama for the bene- 
fit of district of county," and should 

convey a fee simple title. Therefore, I advise you to 
instruct your County Superintendents of Education to 
accept only deeds which pass an absolute and uncon- 
ditional title to the State of Alabama. I advise also 
that you require these deeds to be sent to your office for 
inspection before requesting the State Auditor to draw 
his warrants as provided in the Act. They should also 
be filed in your office permanently for safe keeping. 

I remain, Yours very truly, 

Alex. M. Garber, 
Attorney General. 



May 16th, 1907. 
Hon. Harry C. Gunnels,, 

Superintendent of Education, 

Capitol. 
Dear Sir: 

Some time ago you submitted to me by letter a ques- 
tion involving this inquiry : 

"Is a citizen, who is not a qualified elector in Russell 
County, State of Alabama, eligible to hold an elective 
office in said county, to-wit, the office of County Super- 
intendent of Education?" 

In reply I beg to submit the following : 

Neither the Constitution nor the statutes of Alabama 
prescribe the qualifications required of a person to ren- 
der him competent to hold this office. Section 3550 of 



152 

the Code of 1896 reads as follows: "Unless by special 
act it is otherwise provided, a County Superintendent 
for each County is elected at each general election as 
provided in this Code." See also an act "To provide for 
the election of County Superintendents of Education," 
approved Feb. 13th, 1889, p. 396 of the acts of 1888-89. 

Upon investigation I find that it has been held in sev- 
eral States in cases of this character, that none but 
qualified electors can hold an elective office unless other- 
wise specially provided. The leading Alabama case on 
this subject is that of Scott v. Strobach, 49 Ala. p. 477. 
Justice Brickell, speaking for the Court in this case, 
asserts the following principle : "It would be at war 
with the spirit and theory of our institutions, to recog- 
nize as eligible to any public office one who is not a qual- 
ified voter. The right of suffrage and the capacity to 
hold office, unless otherwise expressly declared, must 
co-exist." 

In the case of the State of Iowa v. Geo. Van Beek, 19 
L. R. A. 622, the Supreme Court of Iowa on appeal in 
an action brought to determine the right to the office of 
sheriff delivered the following: "Our first inquiry is 
whether an alien can hold the office of sheriff under the 
laws of Iowa. There is no provision in our Constitution 
or statutes upon that subject, yet it is certainly a funda- 
mental principle of our Government that none but qual- 
ified electors can hold an elective office unless otherwise 
specially provided * * *. We are of the opinion 
that appellee Van Beek was ineligible to hold the office 
of sheriff prior to his naturalization." 

A like principle is laid down in the case of the State 
v. Smith, 14 Wis. 497. 

In the later case of the State v. Murray, 28 Wis. 96, 
the Supreme Court of that State in referring again to 
this question, through Justice Lyons, who delivers the 
opinion of the Court, says : 

"There is no constitutional or statutory provision, and 
but one judicial decision in this State, which affects this 



153 

question. In the State ex rel. Off vs. Smith, 14 Wis. 497, 
this Court decided that a person cannot lawfully hold 
such an office unless he is a qualified elector of the State. 
The grounds of that decision are stated in the opinion 
by Dixon, C. J., to be, that as to all independent popular 
governments "it is an acknowledged principle, which 
lies at the very foundation, and the enforcement of which 
needs neither the aid of statutory or constitutional en- 
actments or restriction, that the government is institu- 
ted by the citizens for their liberty and protection, and 
that it is to be administered, and its powers and func- 
tions exercised by them and through their agency." In 
that case the defendant was an alien, and had entered 
upon the discharge of the duties of the office of sheriff, 
to which he has been elected, without having become an 
elector by declaring his intention to become a citizen; 
indeed he had not done so when the action was. com- 
menced. Under this state of facts this Court held that 
he could not lawfully hold the office, but did not decide, 
either expressly or by necessary implication, that he 
could not have held it had the disqualification been re- 
moved intermediate the election and the commencement 
of the term. It is true that it is said in the opinion that 
the defendant was ineligible; but it is not said that he 
was ineligible to be elected to such office, and the obvious 
meaning is that he was ineligible to hold the office. The 
term "inteligible" means as well disqualification to hold 
an office, as disqualification to be elected to an office." 

The same doctrine is reaffirmed and adhered to in a 
still later Wis. Case. Justice Lyons delivering the opin- 
ion of the Court in the case of the State v. Trumpf, 50 
Wis. p. 103, holds as follows : 

"Only two cases have been adjudicated by this Court 
which have any direct bearing upon the questions to be 
determined on this appeal. These are State ex rel. Off. 
v. Smith, 14 Wis. 497, and State ex rel. Schuet v. Mur- 
ray, 28 Wis. 96. In the first of these cases it was held 



154 

to be fundamental principle of our government that a 
person not an elector of the State is ineligible to hold a 
public office therein, although our constitution and 
statutes do not expressly so ordain. In the latter case it 
was held that, in the absence of any constitutional or 
statutory provision on the subject, such ineligibility 
goes only to the holding of the office, and hence that, if 
an alien who is not an elector receives a plurality of votes 
for an office, he may lawfully hold and exercise the same, 
if, by naturalization or declaration, his disability is re- 
moved before the commencement of the term of office to 
which he has been elected." 

In a treatise on the law of Public Officers, Mechem 
lays down the following general rule : 

"Where no limitations are prescribed, however, the 
right to hold a public office under our political system 
is an implied attribute of citizenship, and is presumed to 
be co-extensive with that of voting at an election held 
for the purpose of choosing an incumbent for that office ; 
those and those only who are competent to select the of- 
ficer being deemed competent also to hold the office." 

Under the influence of the authorities cited above, I 
can reach no other conclusion than that the right to hold 
a public office which is elective, should be limited to 
those citizens who are qualified electors of the State or 
County over which the jurisdiction of such office ex- 
tends. The Courts have evidently been governed to some 
extent by considerations of public policy (and I think 
very properly so ) in deciding cases of this character and 
the doctrine that the right of suffrage and the capacity 
to hold office must co-exist, appeals to me as a sound and 
conservative principle of law. Therefore, it is my opin- 
ion that a citizen who is not a qualified elector of Rus- 
sell County is ineligible to fill an elective office of said 
County. 

I remain, Very respectfully, 

Alexander M. Garber,, 
Attorney General. 



155 

June 20th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir : 

I have your favor of the 10th instant requesting me to 
advise you whether under the Act of March 2nd, 1907, 
(Pamphlet Acts 1907, 174) you should accept a deed for 
school house purposes to surface rights only. 

Section 3 of this Act provides that "No moDey shall 
be appropriated for the erection of a new school building 
on a plat of ground of less dimensions than two acres." 
Section 4 imposes certain duties on the County Superin- 
tendent of Education with reference to the collection of 
the fund with which the school house is erected or re- 
paired and provides that "Whenever it shall be shown to 
the satisfaction of the County Superintendent of Educa- 
tion * * * that a deed has been properly executed 
conveying to the State of Alabama for the benefit of said 
district the lot or parcel of land on which said pubMc 
school house is being erected or repaired, and after such 
deed is delivered to and accepted by him," the money 
named shall be used as therein directed. The Act does 
not in terms require the lot or parcel of land to be con- 
veyed in fee simple. The following quotation is con- 
tained in 18 A. & E. Enc. of Law, Sec. Ed. 140 ; "In law, 
'land' signifies any ground forming part of the earth's 
surface which can be held as individual property, 
whether soil or rock, or water-covered, and everything 
annexed to it, whether by nature, as trees, water, etc., 
or by the hand of man, as buildings, fences, etc. The 
word when used in a deed includes not only the naked 
earth, but everything within it, and the buildings, trees, 
fixtures, fences, stones, minerals, waters, and herbage 
upon it." 

As the word land is used here, the conclusion cannot 
be escaped that anything less than a deed to the land in 



156 

the fullest sense will not comply with the law. It is at 
once apparent that a deed to surface rights only is not a 
deed to a lot or plat of land as the word "land" is used 
in law. 

As the Act is silent on this question, my conclusion is 
reached as a matter of construction. If by following this 
opinion hardship will be worked as indicated in your 
letter, I suggest that you have the Act amended as you 
may think best. 
I remain, 

Yours very truly, 

Alex. M. Garber, 
Attorney General. 



September 14th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 

Montgomery , Alabama. 
Dear Sir : 

On June 14th, 1907, you handed me a letter from Hon. 
W. H. Storey, County Superintendent of Education of 
Pickens County, requesting my advice on same. Mr. 
Storey states that a district in his County desiring to 
make application for aid in building a school house se- 
cured a deed to a plot of land, which deed was duly exe- 
cuted and recorded ; and since the recording of the deed 
the patrons of the property secured have decided not to 
apply for aid at the present time and are desirous of re- 
storing the title of the land to the original owners and 
request you to advise them who has authority to convey 
the land back to such owners.. 

I find no authority in the Act of March 2nd, 1907, ap- 
propriating |67,000 to aid rural school districts in the 
State to erect and repair public school houses, for a 
conveyance of the title required by the State to the land 
donated as provided in the Act. The land remains the 



157 

property of the State for the benefit of the school dis- 
trict in question, until there is Legislative authority for 
the conveyance of the title of the State. Nor am I aware 
of any statute, other than the Act referred ao, giving au- 
thority to any officer to convey the title of the State. 
I herewith return Mr. Storey's letter. 

Yours very truly, 

Alex. M. Garber, 
Attorney General. 



September 14th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Montgomery, Ala. 
Dear Sir: 

On August 8th, 1907, you handed me a letter from 
Hon. Chas. C. Johnson, County Superintendent of Edu- 
cation of Perry County, and requested me to advise 
you in response to Mr. Johnson's letter. It seems that 
the trustees of District 28, Perry County, conveyed the 
title of certain land to the State with a view of securing 
aid in the erection of a school house under the Act of 
March 2nd, 1908, and afterwards it seemed advisable tt> 
the Trustees to sell the land so conveyed to the State 
with a view of locating a school elsewhere. The deed to 
the land, however, having been duly executed and re- 
corded conveying the same to the State for the benefit 
of the district in question. The facts are not fully stated 
in Mr. Johnson's letter and if I have incorrectly stated 
them, Mr. Johnson can advise you. 

On the facts above set forth, I advise you that there 
is no authority under the Act of March 2nd, 1907, no" 
under any other law in this State, so far as I can find, 
for a conveyance of the title acquired by the State to 



158 

this land, and nothing can be done to that end until 
future Legislature sees fit to give such authority. 
I herewith return Mr. Johnson's letter. 
Yours very truly, 

Alex. M. Garber, 

Attorney General. 
September 27th, 1907. 



Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

On the 5th instant, you addressed a commuui cation 
to me with which you enclosed a letter from Mr. Arthur 
F. Harman, Superintendent of the New Decatur Public 
Schools, New Decatur, Alabama, in which Mr. Harman 
desires to be advised by you whether the school funds 
for New Decatur for the year 1907-8 will be paid to him 
by the County Superintendent of Morgan County or 
paid over by you direct to Mr. Harman under Section 
176 of the Act of August 13th, 1907, known as the Mu- 
nicipal Code. 

The title of the Act referred to is as follows : 

"An act to provide for the organization, incorporation, 
government and regulation of cities and towns and t(> 
define the rights, powers, duties, jurisdiction and author- 
ity of such cities and towns and of the officers thereof, 
and to prescribe penalties for violations of the provis- 
ions of this Act." 

Section 176 of the Act is as follows : 

"Each incorporated city or town, as a special school 
district or embraced therein shall receive its proportion- 
ate share of the public school revenue to be paid over 
by the State Superintendent of Education direct to the 
City Superintendent of schools and by him paid over 
to the treasurer." 



159 

After a very careful consideration of the question, I 
am of opinion that the provision contained in section 176 
directing the State Superintendent of Education to pay 
over to the City Superintendent of Schools of each incor- 
porated city or town the proportionate share of the pub- 
lic school revenue is not a subject expressed in, covered 
or suggested by the title of the act; or necessary or 
proper to the full rounding of an enactment upon the 
subject which is expressed in the title and is, therefore, 
obnoxious to the requirement of section 45 of the Consti- 
tution that "each law shall contain but one subject which 
shall be clearly expressed in its title." 

In the case of Bell v. State, 115 Ala. 87, the Court con- 
sidered an act "to establish a new charter for the City 
of Huntsville" and held that the provisions of this Act 
forbidding the prosecution on affidavit before a Justice 
of the Peace of a person who had already been arraigned 
before the Mayor for the same act under the City ordi- 
nance, was violative of the constitutional provision, to 
which I have referred. In the course of the opinion, 
Judge McClellan, speaking for the Court, said : 

"The subject to be contained in a bill may be as broad 
and comprehensive as the Legislature may choose to 
make it.. It may include innumerable minor subjects, 
provided all these minor subjects are capable of being so 
combined as to form only one grand and comprehensive 
subject ; and if the title of the bill, containing this grand 
and comprehensive subject, is also comprehensive 
enough to include all these minor subjects as one subject, 
the bill and all parts thereof will be valid * * *. The 
grand and comprehensive subject expressed in the title 
to this act is the charter of the city, the creation of cor- 
porate existence and the conferring of corporate powers. 
Such subject embraces all the minor subjects incident to 
such corporate existence and powers; and whatever is 
necessary to a complete municipal charter, or is em- 
braced in the thought contained in the general expres- 



160 

sion, is a part of the subject expressed, and authorized 
by the general expression. * * * But, to take away 
from any tribunal, even of the most inferior character, 
established by general laws and charged with their ad- 
ministration, jurisdiction theretofore conferred to try 
offenses against the criminal laws of the State, and to 
confer it exclusively upon an officer of a municipal cor- 
poration, is not to provide for the exercise of any func- 
tion of municipal life nor to confer any power incident 
to municipal government nor to follow any suggestion 
which can be referred to the expressed purpose of estab- 
lishing a municipal charter." 

In the case of Black v. State, 144 Ala. 92, the Court 
followed the case of Bell v. State, supra, and held that a 
like provision contained in "an act to amend an act to 
incorporate the town of Geneva," was unconstitutional. 

The following cases support the general principle laid 
down by Judge McClellan in the Bell case : 

Ex rel Gayles, 108 Ala. 514 ; 

Bradley v. State, 99 Ala. 177 ; 

Glenn v. Lynn, 89 Ala. 608; 

Mobile v. L. & N., 124 Ala. 132-142; 

The State v. So. Ry. Co., 115 Ala. 250 ; 

Ballantyne v. Wickersham, 75 Ala. 533 ; 

Ex rel Reynolds, 87 Ala. 138 ; 

White v. Boyin, 113 Ala. 170 ; 

Montgomery v. State, 88 Ala. 141 ; 

Sanders v. State, 117 Ala. 543 ; 

Lindsay v. U. S. Asso., 120 Ala. 156; 

Covington v. Thompson, 142 Ala. 90, 111-112. 

The title of the act in question may for convenience be 
divided into three divisions : 

(a.) To provide for the organization, incorporation, 
government and regulation of cities and towns; 

(b.) To define rights, powers, duties, jurisdiction 
and authority of such cities and towns and of the offi- 
cers thereof; 



161 

(c.) To prescribe penalties for violations of the pro- 
visions of this act. 

Applying the principle of these cases to the case in 
hand, the subject matter of section 176 does not relate to 
the organization, incorporation, government and regula- 
tion of cities and towns ; nor is it a right, power, duty or 
a feature of the jurisdiction and authority of cities and 
towns and of the officers thereof, and clearly it has no 
relation to the last division of the title, — prescribing pen- 
alties for violation of the provisions of this act. In an- 
alyzing the question with the title in view, it is apparent 
that the only phase of the title which gives any sort of 
support to the provision of section 176 is that part of the 
title which I have set out as division "b," viz : "To define 
the rights, powers, duties, jurisdiction and authority of 
such cities and towns and of the officers thereof." And 
so far from being a right, power or duty of a city, it im- 
poses on the other hand a duty upon the State Superin- 
tendent of Education, and would change the entire sys- 
tem of dealing with a large portion of the public school 
revenue, — in contravention of existing laws on that sub- 
ject. It also indirectly affects the compensation to which 
the County Superintendent of Education is entitled un- 
der section 3555 of the Code by relieving him of the duty 
of distributing so much of the public school revenue as 
would by the proposed system be paid direct to the city. 
It does not provide for the exercise of any function of 
municipal life nor does it confer any power incident to 
municipal government. 

The purpose of section 45 of the Constitution, said 
Chief Justice Brickell in Lindsay vs. U. S. Association, 
120 Ala. 156, is among other things, "to fairly apprise 
the people, through such publication of legislative pro- 
ceedings as is usually made of the subjects of legislation 
that are being considered, in order that they may hare 
the opportunity of being heard thereon by petition or 
otherwise, if they shall so desire." And further in the 
same case it is held that "the title must be such, at least, 



162 

as fairly to support or give a clew to the subject dealt 
with in the act and, unless it comes up to this standard, 
it falls below the constitutional requirement." 

The subject matter of this section (176) would never 
be suggested to the legislative mind from reading or 
hearing read the caption of this bill ; nor is it reasonable 
to say that the general public was fairly apprised, from 
the title of the act, under the principles above quoted, 
that a provision was contained therein which directly 
affected and changed the duty heretofore imposed by 
law upon the State Superintendent of Education, as well 
as the duties and emoluments of County Superintend- 
ents of Education, in sixty-seven counties. 

It follows, therefore, that section 176 of the act under 
consideration falls to the ground, and there is no au- 
thority for you to pay to the Superintendent of public 
schools of New Decatur the school funds for that city. 

In order that no misunderstanding may result, I beg 
to say that the remaining portions of the municipal code 
are unaffected by this ruling; for it is well settled that 
where an act is "complete within itself, sensible, cap- 
able of being executed and wholly independent of that 
which is rejected, the enactment will be upheld and en- 
forced as to that which is valid." 

Harper vs. State, 109 Ala. 28. 

I beg to remain, 

Very respectfully, 

Alex. M. Garber, 
Attorney General. 



October 18th, 1907. 
Hon. H. Y. Brooke, 

Assistant Examiner of Public Accounts, 

Capitol. 
Dear Sir: 

On the 26th ultimo you requested me to advise you on 
the following questions : 



163 

First. Can a sheriff use a prisoner as a trusty, the 
prisoner doing such services as cleaning the Court House 
and Jail, carrying food to prisoners, running errands 
and performing such other duties as the sheriff may 
direct about the house, etc., and charge the State with 
the feed bill for such prisoner. 

Second. Have the Superintendents of Education and 
the School Boards of the County the right to apportion 
the school money in the district so as to give white chil- 
dren in one school district thirty cents per capita, and 
those in other school districts, three dollars per capita. 

Answering your questions in the order stated, I beg 
to say that the sheriff is entitled to a fixed amount for 
feeding each prisoner in jail under charge or conviction, 
and there is no provision in the statute (Code section 
4565) depriving the sheriff of his compensation where 
he uses the prisoner as mentioned in your question. Un- 
less the Legislature so declares there is no power or 
authority for making such deduction. 

Section 256 of the Constitution directs that "the pub- 
lic school funds shall be apportioned to the several coun- 
ties in proportion to the number of school children of 
school age therein, and shall be so apportioned to the 
schools in the districts or townships in the counties as 
to provide, as nearly as practicable, school jfcerms of 
equal duration in such school districts or townships." 
As you will observe the funds are apportioned to the 
counties on a per capita basis, and the school boards of 
the counties apportion the funds, not on a per capita 
basis, but in such manner as to provide, as nearly as 
practicable, school terms of equal duration in the sev- 
eral districts or townships in the county. — A large dis- 
cretion is thus reposed in the county boards, and the pre- 
sumption will be indulged that the apportionment as 
made was necessary to carry out the constitutional re- 
quirement. 



164 

As the second question above deals with a question 
relating to the public schools, I am forwarding a copy 
of this letter to the Superintendent of Education. 
Yours very truly, 

Alex. M. Garber, 
Attorney General. 



Montgomery, April 2nd, 1908. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 

Montgomery, Alabama. 
Dear Sir: 

According to information received from your Depart- 
ment, there are about 11,000 District School Trustees 
in the State of Alabama. I am receiving every day let- 
ters from many of these District Trustees from all parts 
of the State, seeking information on the question of 
their exemption from the payment of poll tax and their 
right to vote in the May Primary. This situation, which 
indicates a condition of uncertainty in the minds of the 
people on this subject, has induced me to send you this 
official communication in order that you may send out 
from your Department the advices contained herein. 

Section 3575 of the Civil Code of 1896 is as follows : 

"Township Trustees are exempt from road duty, jury 
duty and poll tax, so long as they shall continue in of- 
fice and perform the duties thereof; and the certificate 
of the County Superintendent of Education shall be 
evidence of the fact." 

The Constitution of Alabama of 1901 provides that 
"To entitle a person to vote at any election by the peo- 
ple, he shall have * * * paid on or before the first 
day of February next preceding the date of the election 
at which he offers to vote all poll taxes due from him for 
the year 1901, and for each subsequent year." (Consti- 
tution, Section 178.) It further declares that "the poll 



165 

tax mentioned in this Article shall be one dollar and" 
fifty cents upon each male inhabitant of the State, over 
the age of 21 years, and under the age of 45 years, who 
would not now be exempt by law." (Constitution, Sec- 
tion 184.) 

The present Constitution of Alabama was ratified on 
November 28th, 1901. On that date, and for many years 
prior thereto, the statute (Code Section 3575) was in 
force which exempted Township Trustees from the pay- 
ment of poll tax, subject to the conditions prescribed in 
said section of the Code. Township Trustees being thus 
exempt from the payment of poll tax at the date of the 
ratification of the Constitution, they were not required 
to pay the poll tax in order to qualify as an elector. 

The Redisricting Act of September 30th, 1903, abol- 
ished the Township lines for school purposes and re- 
tained Township Trustees under the provisions of the 
then existing law only for the purpose of selling and 
leasing the Sixteenth Section School lands. The said 
Act also created a local board of three District Trustees 
for each District to be elected by the qualified electors 
thereof, and defined the duties of such District Trustees, 
which are practically the same as the duties of the Town- 
ship Trustees under the old law. 

On March 13th, 1906, my predecessor in office ren- 
dered an official opinion to the State Superintendent of 
Education, in which he held that the District Trustees, 
created under the general Redisricting Act, were ex- 
empt from the payment of poll tax, inasmuch as they 
were exempt under Section 3575 of the Code but therein 
called Township Trustees and that the mere change of 
the name, their duties being but slightly changed, could 
not operate to defeat the exemption. From the date of 
the announcement of this opinion — March 13th, 1906 — 
I am informed by you that the Department of Educa- 
tion, acting under the authority of this opinion has uni- 
formly advised District Trustees over the State that 
they were under the law exempt from the payment of 



166 

poll tax. I think the ruling of the Attorney General's 
Department above referred to should be regarded as 
authority for the exemption of such District Trustees 
from the payment of poll tax and no District Trustees 
should be challenged at the Primary on May 18th, on 
the ground that he has failed to pay such tax. 

It will also be a matter of importance to the District 
Trustees who will be elected on the first Saturday in 
July, 1908, to be advised of the fact that the new Code, 
which will become effective on May 1st, 1908, abolishes 
entirely Township Trustees, omits Section 3575 of the 
Code of 1896, and contains, as far as I have been able 
to discover after careful examination, no provision ex- 
empting District School Trustees, under the general law 
from road duty, jury duty, and poll tax. 

This will effect a change in the status of District 
Trustees in respect to the payment of poll tax and on 
October 1st, 1908, they will be liable for the payment 
of such tax, and will also be subject to road duty and 
jury duty. 

I remain, 

Yours very truly, 

(Signed) Alex. M. Garbek, 
Attorney General. 



INDEX. 



INDEX. 



EDUCATION ARTICLE OF CONSTITUTION. 

PAGE. SECTION. 

Census, school, Legislature to provide for 139 268 

Children, school age of 134 256 

Funds for schools, how apportioned 134 256 

principal to be kept inviolate 

and undiminished 135 257 

interest, how applied 135 257 

sources of (State) 135 260 

Lands given schools, how applied 135 258 

Location of certain institutions not to be changed, 

exception 138 267 

Mobile County, how schools of affected by Consti- 
tution 140 270 

Moneys, all applied to pay teachers 4% excepted 136 261 

Poll taxes, to be applied to public school support 135 259 

Polytechnic Institute, control and management of 138 266 
Sectarian or Deuominational school excluded from 

public funds 136 263 

Taxation for schools by State, rate of 135 260 

special by counties 140 269 

University of Alabama, management and control of 136 264 

financial support for 137 265 



170 

STATUTES, POLITICAL, CIVIL AND CRIMINAL. 

Note: — The main portions of the laws relative to the common 
schools are indexed under the title SCHOOLS, with appropriate sub- 
titles. 

PAGE. SECTION. 

ALABAMA ACADEMY FOR BLIND 107 1943-1948 

ALABAMA INDUSTRIAL SCHOOL FOR GIRLS 95-103 1912-1932 

ALABAMA INSTITUTE FOR DEAF 103-107 1933-1942 

ALABAMA POLYTECHNIC INSTITUTE 91-95 1899-1911 

BOARDS OF EDUCATION— 

County Boards, election, power and duties 20-22 1712-1716 

Municipal Boards, powers and duties 124-129 1348-1359 

BOARD OF TEACHERS' EXAMINERS 23-31 1719-1750 

BOOKS, SELECTION AND ADOPTION 59-72 1805-1850 

CEMENT LABORATORY AT THE UNIVERSITY 90 1893 

CHILD LABOR 129-134 6428-6449 

CENSUS OF SCHOOL CHILDREN— 

Provisions for taking 22 1717 

Compensation of the enumerators 23 1718 

False or fraudulent enumeration; penalty 40 7755 

CHILDREN— 

Eligible to Public Schools 42 1755-1757 

Reformatory and Industrial School for 110-116 1954-1970 

CITY AND TOWN SCHOOLS UNDER MUNICI- 
PAL CODE 124-129 1348-1358 

COUNTY HIGH SCHOOLS 76-78 1861-1868 

Commission to locate 76 1861 

Sites procured; donations 76 1862 

Control of 77 1863 

Free schools not affected 77 1864 

Teachers and students 77 1865 

Course of stuly *. 77 1866 

Matriculation fee 77 1867 



171 

PAGE. SECTION. 
EXAMINERS— 

State Board, powers and duties 23-31 1719-1750 

EXAMINATIONS FOR TEACHERS— 

Laws and regulations governing 23-38 

HOUSES FOR RURAL SCHOOLS 117-121 1975-1993 

Appropriation 117 1975 

Limitation of 113 1975 

Application for; How made and conditions 118 1977-1978 

Consideration and record of applications.- 118 1979-1980 

Limit of donation in district 118 1981 

Plans and specifications 119 1982 

Area of lot 119 1953 

Certificate of county board 119 1984 

Order and issuance of warrant 119 1985 

Delivery and forwarding of warrant 120 1986 

Statements filed and kept 120 1987 

Receipts for warrants 120 1988 

Payment of warrants 120 1989 

Account with each county 120 1990 

Undelivered warrants 121 1991 

Unexpended balance; How disposed of 121 1992 

Warrants and proceeds; How used 121 1993 

HOUSES FOR SCHOOLS— 

Injuring or defacing same, or fences there- 
of ; Penalty 38 6413 

Shooting or throwing missiles into; Penalty 39 6897 

Wrongful use of building funds; Penalty.. 40 7754 

LANDS SCHOOL ; LEASE AND SALE 51-58 1781-1804 

MINES AND MINING; PREPARATORY 

SCHOOL FOR 116-117 1971-1974 

NEGROES; SCHOOL FOR DEAF MUTES AND 

BLIND 109-110 1949-1953 



172 

PAGE. SECTION. 

OPINIONS OF ATTORNEYS-GENERAL 141-166 

Books; Purchase of from certain dealers — 145 
City and town schools, to whom funds for 

are payable — 158 

County Superintendents ; Qualifications for 

election or appointment 151 

Garnishment ; Subjection of teachers salary 

to 148 

Houses for rural schools; Application of 

funds, etc. 148-151 

Surface right in lands for 155 

Withdrawal of deed to 156 

Municipal Code Law; State school funds 

under 158 

Poll tax, exemption of trustees from 164 

PENAL PUBLIC SCHOOL LAW 38-41 

Injuring or defacing buildings 38 6413 

Disturbing people at school meeting, etc 38 6769 

Shooting or throwing into school house 39 6897 

Moneys; Embezzlement of 38 6834 

Examination questions ; buying, selling, etc. 39 7750 

Text Books; use of unauthorized 39 7751 

Text Books; unlawful charge for 40 7752 

Warrants for school house funds, wrongful 

use of 40 7754 

Enumeration of school children, false or 

fraudulent — 40 7755 

SCHOOL FUNDS 3,43 1760-1780-1678 

SCHOOL HOUSES 117-121 1975-1993 

Lands 51-58 1781 et seq 

Law; Municipalities exempt 128 1357 



173 

PAGE. SECTION. 

SCHOOLS— 

Apportionment of School Fund; disburs't_3, 43 1760-1780-1678 
Boards of Education ; Election, powers and 

duties of 20-22 1712-1716 

Census Enumeration of Children 22 1717-1718 

Children and Pupils Eligible 42 1755-1757 

City and Town Schools under municipal gov- 
ernment 124-129 1348-1358 

County Superintendent of Education — 

One elected for each county 16 1702 

Term of office, removal 16 1703 

Oath of office and bond 16 1704 

Approval and record of bond 17 1705 

New or additional bond 17 1706 

His duties 17 1707 

Forfeiture for failure to make annual report 19 1708 

Books and Accounts ; Examination 19 1709 

Vacancies ; How filled ; Term, etc., of ap- 
pointees 19 1710 

Compensation of 20 1711 

Proceedings against for failure to pay over 

moneys 122 5940-5945 

Districts and Redisricting Boards — 

How changed 11 1691 

Counties and Districts *. 12 1692 

Cities and Towns ; Separate School Districts 12 1693 

Not affected by county lines 12 1694 

Funds; How paid____ 12 1695 

Repeal 12 1696 

District Trustees; Election, Powers and 

Duties of '. '_ 12-16 1697-1701 

Graded schools increase number of trustees 15 1700 

Municipal school districts 15 1701 



174 

PAGE. SECTION. 

Fund 

Appropriations 3 1678 

When accrue 4 1697 

Lands; Lease and Sale 51-58 1781-1804 

Officers and Boards 4 1080 

Scholastic Periods 43 1759 

Special Tax Election 73-75 1851-1860 

SUPERINTENDENT OF EDUCATION (STATE) 5-10 1681-1688 

Term of office; Salary 5 1681 

Oath of office and bond 5 1682 

Office and books; papers and records 5 1683 

Clerks and their salaries 5 1684 

Duties of 6-9 1685 

Report to Governor ; Contents 9 1686 

Report, printing and distribution of 9 1687 

Vacancy filled by Governor; Term, etc., of 

appointee 10 1688 

TEACHERS INSTITUTES 14-42 1751-1754 

TEACHERS— 

Qualificat's, License, Powers and Duties of 23-31 1719-1750 

Board of Examiners 23 1719 

Meetings of Examiners 23 1720 

List of questions 24 1721 

Times of regular examinations 24 1722 

Special examinations -- 24 1723 

Examinations in counties ; conduct of 25 1724 

Examination fees 25 1725 

Compensation of examiners 26 1726-1727 

Applicants not to receive assistance 26 1728 

Statement signed by applicants 26 1729 

Moral character of applicants 26 1730 

Profane language or intoxicants 27 1731 

Grades of certificates 27 1732 



175 

PAGE. SECTION. 

Percentage and average required 27 1733 

Branches of learning for examination 27 1734 

Method of examination, pen and ink 28 1735 

Papers delivered to examiner ; Transmission 28 1736 

Papers examined and graded 28 1737 

Papers kept on file six months 28 1739 

Certificates when issued 28 1738 

Life time of certificates 28 1740 

Life certificates 29 1741 

Forfeiture of same 29 1742 

Revoking certificates 29 1743 

Register of teachers' license 29 1744 

When and where examination law effective. 29 1745 
Nature of alcoholic drinks and narcotics, 

instruction in 30 1745 

Teaching agriculture in public schools 30 1747 

Register kept by teacher 30 1748 

Teachers' monthly report 30 1749 

Teachers to be paid monthly 30 1750 

Unlawful dealing with examination ques- 
tions; Penalty for 39 7759 

Unlawful use of text books by teachers 39 7751 

TAXATION— 

Election for by counties 73.75 1851-1860 

TOWNSHIPS— 

Lines abolished for school purposes 10 1689 

Inhabitants incorporated 10 iG90 

TRUSTEES FOR SCHOOL DISTRICTS 12-16 1697-1701 

Election and term of office 12 1(597 

Organization of 14 -^go 

Duties of 1 4 1699 

No. of may be increased by graded schools . 15 1700 

Municipal districts, who are trustees for 15 1701 



176 

PAGE. SECTION. 

UNIVERSITY OF ALABAMA— 

Control and management 80-90 1869-1892 

Cement laboratory at 90 1893 

Summer School at 90 1894-1898 



LEJL '10 



